City Bank Farmers Trust Co. v. B. W. Construction Corp.

Two motions by plaintiff for summary judgment against the defendant William Levine in two actions to foreclose two mortgages. The opposing affidavits by the attorney for the answering defendant Levine are insufficient to establish the existence of triable issues. Aside from the fact that the affidavit in each case is made by a person having no personal knowledge of the ‘ ‘ facts ’ ’ and competent to testify to same at a trial (Rules Civ. Prac., rule 113; Hallgarlen v. Wolhenstein, 204 App. Div. 487, 490), it is conclusory, contains no evidentiary facts, merely repeats the substance of the…