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

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 18, 2010

MAZZOCCHI WRECKING INC., PLAINTIFF-RESPONDENT,
v.
EAST 115TH STREET REALTY CORP., DEFENDANT-APPELLANT.

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

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Catterson, Renwick, DeGrasse, Manzanet-Daniels, JJ.

115232/07

Plaintiff's 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]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100218

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