Kaloz v. Risco

OPINION OF THE COURT

Anthony J. Ferraro, J.

Plaintiffs make this application to vacate a decision, order and judgment of this court and for reargument and renewal of the motion for summary judgment granted in favor of defendant Swim and Play Company.

Upon the original application the only opposition was an affidavit of plaintiffs’ attorney which failed to set forth evidentiary facts to sustain a cause of action. (Freedman v Chemical Constr. Corp., 43 NY2d 260; Ehrlich v American Moninger Greenhouse Mfg. Corp., 26 NY2d 255; Mintz v Long Is. Daily Press Pub. Co., 75 AD2d 595; Valenti v Purdy, 71…