December 19, 2019

Denial of a motion for summary judgment.

Plaintiff's omission of an affidavit in opposition to defendants' motion does not require that the facts in defendants' affidavit be deemed admitted, as defendants submitted plaintiff's affidavit and deposition testimony, which establish that there are issues of fact.

Munna v. Axman, NY Slip Op 08963 (1st Dep't December 17, 2019)

Here is the decision.