Graves v. Rekrem Inc.

282 A.D.2d 212, 722 N.Y.S.2d 381, 2001 N.Y. App. Div. LEXIS 3404

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 3, 2001
• Status: Published

Opinion

—Order, Supreme Court, New York County (Emily Goodman, J.), entered on or about January 5, 2000, which, inter alia, referred the issue of whether defendant is the proper party to a special referee, unanimously affirmed, with costs.

The affidavit of plaintiffs’ counsel, based on his personal knowledge, was sufficient to raise a triable issue of fact as to whether defendant was the owner of the store where plaintiffs accident occurred (cf., Zuckerman v City of New York, 49 NY2d 557, 563). Concur — Nardelli, J. P., Tom, Andrias, Rubin and Saxe, JJ.