Bramble v. Sears

Appellate Division of the Supreme Court of New York

Bramble v. Sears

201 A.D.2d 446, 609 N.Y.S.2d 801, 1994 N.Y. App. Div. LEXIS 986

Appellate Division of the Supreme Court of the State of New York·Decided February 7, 1994·Published

Opinion

In an action to recover damages for personal injuries and property damage, etc., the defendant appeals from an order of the Supreme Court, Kings County (Held, J.), dated June 28, 1991, which denied its resubmitted motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The resubmitted affidavits of the plaintiffs’ experts satisfy this Court’s directive to set forth the experts’ qualifications and the evidentiary facts upon which they base their opinion (see, Bramble v Sears, Roebuck & Co., 172 AD2d 793).

Moreover, the resubmitted affidavits raise triable issues of [447] fact about the cause of the subject fire, thereby precluding summary judgment. Thompson, J. P., Rosenblatt, Altman and Hart, JJ., concur.

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In an action to recover damages for personal injuries and property damage, etc., the defendant appeals from an order of the Supreme Court, Kings County (Held, J.), dated June 28, 1991, which denied its resubmitted motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The resubmitted affidavits of the plaintiffs’ experts satisfy this Court’s directive to set forth the experts’ qualifications and the evidentiary facts upon which they base their opinion (see, Bramble v Sears, Roebuck & Co., 172 AD2d 793).

Moreover, the resubmitted affidavits raise triable issues of [447] fact about the cause of the subject fire, thereby precluding summary judgment. Thompson, J. P., Rosenblatt, Altman and Hart, JJ., concur.

Bramble v. Sears, 201 A.D.2d 446, 609 N.Y.S.2d 801, 1994 N.Y. App. Div. LEXIS 986 (N.Y. Ct. App. 1994).

Pincite

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Opinion

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