Banigo v. Board of Education of Roosevelt Union Free School District

OPINION OF THE COURT

Daniel Palmieri, J.

Defendants’ motion for summary judgment pursuant to CPLR 3212 is granted and the complaint is dismissed.

All requests by plaintiff for affirmative relief are denied because plaintiff did not make a cross motion for such relief. (CPLR 2215; New York State Div. of Human Rights v Oceanside Cove II Apt. Corp., 39 AD3d 608 [2d Dept 2007]; see generally Bucceri v Frazer, 297 AD2d 304 [2d Dept 2002].)

It is well settled that an attorney’s affirmation that is not based on personal knowledge or supported by documentary evidence is of no probative value. (Warrington…