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CARBONI v. ALFA ROMEO USA

Index No. 190328/19. Appeal No. 917. Case No. 2023-00781.

220 A.D.3d 591 (2023)

197 N.Y.S.3d 62

2023 NY Slip Op 05443

Susan Carboni, as Executrix for the Estate of Francesco Carboni, Respondent, v. Alfa Romeo USA et al., Defendants, and Porsche Cars North America, Inc., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 26, 2023.

Attorney(s) appearing for the Case

DLA Piper LLP (US), New York ( Christopher G. Campbell of counsel), for appellant.

Weitz & Luxenberg, P.C., New York ( Jason P. Weinstein of counsel), for respondent.

Concur—Webber, J.P., Moulton, Kennedy, Rodriguez, JJ.

Order, Supreme Court, New York County (Adam Silvera, J.), entered January 27, 2023, which denied the motion of defendant Porsche Cars North America, Inc. (PCNA) for summary judgment dismissing the complaint, unanimously affirmed, without costs.

While an affidavit is generally considered competent and sufficient evidence on a motion for summary judgment (see Miller v City of New York, 253 A.D.2d 394 [1st Dept 1998]), an affidavit...

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