Halloran v. Spina Floor Covering, Inc.

— Order, Supreme Court, New York County (Carol Arber, J.) entered June 18, 1991, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

The affidavit of defendant’s officer submitted in support of the motion was not based on personal knowledge concerning the installation of the carpet, and the claim therein that the carpet was properly installed is necessarily conclusory. As such, the motion was properly denied even though plaintiffs opposition consisted only of an attorney’s affirmation which itself was without evidentiary value. "The…