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

Appellate Division of the Supreme Court of the State of New York·Decided September 30, 1996·Published·Cited by 3 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

[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.

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).

Pincite

231 A.D.2d 684 (Kubick v. Ballback) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related