Broughton v. City of New York

OPINION OF THE COURT

Order entered April 5, 1978 (Dembitz, J.) affirmed, without costs.

Appeal from the order entered September 27, 1977 (Dembitz, J.) is dismissed as academic.

The two affidavits submitted by plaintiffs counsel constitute essentially hearsay evidence, inasmuch as plaintiffs counsel lacks personal knowledge of what actually took place in Florida when plaintiff was apprehended. In the context of a motion for summary judgment (CPLR 3212), the affidavits of plaintiffs counsel would be probatively insufficient to contradict the District Attorney’s documentation of procedural…