July 12, 2019

An insufficient opposition to summary judgment.

In this personal injury action, the property owner-defendants' affidavits were insufficient to show, prima facie, that they did not owe a duty of care to the plaintiff.  The affidavits were conclusory, did not identify the source of their conclusions regarding the corporate relationships and responsibilities, did not refer to or include any supporting documentation or files, did not state that they were based upon personal knowledge, and failed to supply authenticated copies of the relevant leases or contracts.

Andriienko v. Compass Group USA, Inc., NY Slip Op 05506 (2d Dep't July 10, 2019)

Here is the decision.