Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

YING v. ROCKROSE DEVP

Appellate Division of the Supreme Court of New York, First Department.
Nov 9, 2006
Important Paras
Please sign up to view Important Paras.

This is an action to recover damages for property taken from plaintiffs apartment when defendant landlord allegedly permitted third-party defendant Meng Shen unauthorized access to plaintiffs apartment. The sole piece of evidentiary material offered by plaintiff in support of her summary judgment motion was her own affidavit, detailing her conversations with the landlord's doorman regarding his giving access to plaintiff's apartment to third-party defendant Meng Shen. This affidavit was, in important respects, hearsay evidence, and as such was insufficient to satisfy the movant's burden of establishing a prima facie showing of entitlement to an award of summary judgment ( see Zuckerman v City of New York, 49 NY2d 557, 562; AIU Ins. Co. v American Motorists Ins. Co., 8 AD3d 83, 85).