Concetto v. Pedalino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover for damage to property, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated June 27, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint and denied as academic her cross motion for leave to amend the complaint.
Ordered that the order is affirmed, with costs.
The defendants met their prima facie burden on their motion for summary judgment by presenting evidence, in the form of their own affidavits and the deposition testimony of the plaintiff, which demonstrated that they were not aware of…
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