SCHWARTZ v. NEVATEL COMMUNICATIONS CORP

ORDERED that the order is affirmed, with costs.

The defendant met its burden of establishing entitlement to judgment as a matter of law by submitting evidence that it did not own or control the dog that bit the infant plaintiff ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320). In opposition, the plaintiffs' submission of inadmissible hearsay was insufficient to raise a triable issue of fact ( see Zuckerman v. City of New York, 49 N.Y.2d 557).

Accordingly, the defendant's motion for summary judgment dismissing the complaint was properly granted.

RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.