Mazzocchi Wrecking Inc. v East 115th St. Realty Corp.
2010 NY Slip Op 01425 [70 AD3d 519]
February 18, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


Mazzocchi Wrecking Inc., Respondent,
v
East 115th Street Realty Corp., Appellant.

—[*1] Aboulafia Law Firm LLC, New York (Alyssa E. Litman and Matthew S. Aboulafia of counsel), for appellant.

Franzblau Dratch, P.C., New York (Brian M. Dratch of counsel), for respondent.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered April 30, 2009, which granted plaintiff's motion for summary judgment, unanimously reversed, on the law, with costs, and the motion denied.

Plaintiff's motion, based solely on the claim for breach of contract, was unsupported by an affidavit of a person with personal knowledge. The movant thus failed to meet its prima facie burden of proof, rendering the motion insufficient and lacking in probative value (Stainless, Inc. v Employers Fire Ins. Co., 69 AD2d 27, 31-32 [1979], affd 49 NY2d 924 [1980]). Concur—Andrias, J.P., Catterson, Renwick, DeGrasse and Manzanet-Daniels, JJ.