Kubick v. Ballback

Appellate Division of the Supreme Court of New York

Kubick v. Ballback

231 A.D.2d 684, 647 N.Y.S.2d 982, 1996 N.Y. App. Div. LEXIS 9727

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 30, 1996

StatusPublished

Cited by3 cases

This text of 231 A.D.2d 684 (Kubick v. Ballback) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kubick v. Ballback, 231 A.D.2d 684, 647 N.Y.S.2d 982, 1996 N.Y. App. Div. LEXIS 9727 (N.Y. Ct. App. 1996).

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Opinion

[685]*685The affidavit submitted by the plaintiff in opposition to the defendants’ motion failed even to address the issue of the merits of the claim, let alone establish that the claim was in fact a meritorious one (see, Manago v Giorlando, 143 AD2d 646). While it is true that a complaint verified by a plaintiff on the basis of personal knowledge and which details the defendants’ acts of negligence may constitute a sufficient affidavit of merits, the complaint in this action does not meet these requirements (see, Salch v Paratore, 60 NY2d 851). Mangano, P. J., O’Brien, Pizzuto, Goldstein and Luciano, JJ., concur.

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[685]*685The affidavit submitted by the plaintiff in opposition to the defendants’ motion failed even to address the issue of the merits of the claim, let alone establish that the claim was in fact a meritorious one (see, Manago v Giorlando, 143 AD2d 646). While it is true that a complaint verified by a plaintiff on the basis of personal knowledge and which details the defendants’ acts of negligence may constitute a sufficient affidavit of merits, the complaint in this action does not meet these requirements (see, Salch v Paratore, 60 NY2d 851). Mangano, P. J., O’Brien, Pizzuto, Goldstein and Luciano, JJ., concur.

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Bluebook (online)

231 A.D.2d 684, 647 N.Y.S.2d 982, 1996 N.Y. App. Div. LEXIS 9727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kubick-v-ballback-nyappdiv-1996.

Opinion

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