Opinion
744
April 11, 2002.
Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about June 22, 2001, which, in an action on a promissory note, insofar as appealed from, denied plaintiff's predecessor's motion for summary judgment, unanimously affirmed, without costs.
Stephen Vlock, for plaintiff-appellant.
Before: Tom, J.P., Buckley, Sullivan, Ellerin, Wallach, JJ.
Plaintiff's predecessor's papers in support of the motion did not include evidentiary proof in admissible form sufficient to satisfy its initial burden of establishing the amount due, and thus the motion was properly denied regardless of the sufficiency of defendant's opposing papers (see, Agway, Inc. v. North Clymer Farm Serv., 291 A.D.2d 818, 820, 2002 N.Y. App. Div. LEXIS 1096, *5, citing, inter alia, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324). Specifically, the affidavit of its successor's, i.e., the current plaintiff's, employee that was submitted in support of the motion did not identify the nature of his position or how he was familiar with the facts and circumstances stated therein, and his assertions of a default and of certain amounts due for principal, interest and late fees were made without evidentiary support and were conclusory.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.