Osborn v. Cassidy

— Order unanimously reversed, on the law, without costs, and motion granted. Memorandum: Special Term erred in denying the county’s motion for summary judgment. To defeat a motion for summary judgment the opposing party must produce evidentiary proof in admissible form sufficient to require a trial of any material issue of fact on which he rests his claim (Zuckerman v City of New York, 49 NY2d 557). The county, as movant, submitted an affidavit by its Superintendent of Public Works who averred that the county did not design, construct or maintain Mills Mills Road; that prior to this…