Gale v. City of New York

This is an appeal from an order of the Supreme Court which denied plaintiffs’ motion for summary judgment in a personal injury action. We think such denial was proper and the order should be affirmed.

At the outset, we observe that the opposing papers submitted by the defendant are of no probative value. They consisted of a hearsay affidavit of a lawyer and an unsworn statement of the defendant truck driver. Accordingly, we do not give them any consideration (Di Sabato v. Soffes, 9 A D 2d 297). However, *13despite the absence of competent evidence to support the defendant’s position, in order…