Home/Appellate Division of the Supreme Court of New York/Mazzocchi Wrecking Inc. v. East 115th Street Realty Corp.

Mazzocchi Wrecking Inc. v. East 115th Street Realty Corp.

70 A.D.3d 519, 893 N.Y.S.2d 867
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 18, 2010
StatusPublished

This text of 70 A.D.3d 519 (Mazzocchi Wrecking Inc. v. East 115th Street Realty Corp.) 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
Mazzocchi Wrecking Inc. v. East 115th Street Realty Corp., 70 A.D.3d 519, 893 N.Y.S.2d 867 (N.Y. Ct. App. 2010).

Opinion

—Order, Supreme Court, New York County (Charles E. Ramos, J.), entered April 30, 2009, which granted plaintiffs motion for summary judgment, unanimously reversed, on the law, with costs, and the motion denied.

Plaintiffs motion, based solely on the claim for breach of contract, was unsupported by an affidavit of a person with personal knowledge. The movant thus failed to meet its prima facie burden of proof, rendering the motion insufficient and lacking in probative value (Stainless, Inc. v Employers Fire Ins. Co., 69 AD2d 27, 31-32 [1979], affd 49 NY2d 924 [1980]). Concur—Andrias, J.P., Catterson, Renwick, DeGrasse and Manzanet-Daniels, JJ.

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Related

Stainless, Inc. v. Employers' Fire Insurance
406 N.E.2d 490 (New York Court of Appeals, 1980)
Stainless, Inc. v. Employers Fire Insurance
69 A.D.2d 27 (Appellate Division of the Supreme Court of New York, 1979)

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Bluebook (online)
70 A.D.3d 519, 893 N.Y.S.2d 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazzocchi-wrecking-inc-v-east-115th-street-realty-corp-nyappdiv-2010.