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

Appellate Division of the Supreme Court of New York

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

70 A.D.3d 519, 893 N.Y.S.2d 867

Appellate Division of the Supreme Court of the State of New York·Decided February 18, 2010·Published

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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—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.

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).

Pincite

70 A.D.3d 519 (Mazzocchi Wrecking Inc. v. East 115th Street Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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