McCrorey v. City of Buffalo

Balio and Doerr, JJ. (dissenting).

We respectfully dissent. The expert’s affidavit is conclusory in form and is not sufficient to raise a triable issue of fact (cf., Lopez v Senatore, 65 NY2d 1017). Although the expert states that the City’s maintenance of the chain link fence did not conform to "industry” standards, the expert did not set forth the specific industry or organization that has adopted the standards nor did he provide an official statement concerning those standards. That failure is fatal in this case because pages apparently taken from a manufacturer’s catalog or brochure and…