AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

SHELDON H. SOLOW, appellant, v. IRVING LIEBMAN, respondent.

DECISION ORDER

ORDERED that the orders are affirmed, with one bill of costs.

In support of the defendant's motion for summary judgment, he made a prima facie showing that the plaintiff's claims that certain inland property had been damaged or diminished in value by the defendant's construction were conclusory, speculative, and unsubstantiated. The expert affidavit offered in opposition to the motion was based on conclusory allegations, which were without any independent factual basis, and therefore insufficient to defeat the motion for summary judgment ( see, Aghabi v. Sebro, 256 A.D.2d 287 [2d Dept., Dec. 7, 1998]; Young v. Fleary, 226 A.D.2d 454).

The court did not improvidently exercise its discretion in denying the plaintiff's application for leave to submit a supplemental affidavit almost four months after the return date of the motion ( see, CPLR 2214; Risucci v. Zeal Mgt. Corp., 258 A.D.2d 512 [2d Dept., Feb. 8, 1999]; Romeo v. Ben-Soph Food Corp., 146 A.D.2d 688).

Use AI to get other relevant cases.

Comments

SOLOW v. LIEBMAN
(Jun 28, 1999)