Opinion
April 25, 1988
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
In opposing the respondents' motion for summary judgment, the plaintiff supplied the Supreme Court, Suffolk County, inter alia, with an affidavit alleging certain wrongful conduct by the respondents. The affiant had no personal knowledge of the events giving rise to the allegations in the complaint. Specifically, the affiant claimed that unsworn third parties gave him reason to believe that the respondents committed the complained-of acts. Further, he admitted that his suspicions were "[a]t this point * * * sheer speculation". Such an affidavit is insufficient to defeat a motion for summary judgment (see, Zuckerman v. City of New York, 49 N.Y.2d 557). The relevant documents submitted constitute hearsay and are not in admissible form. Finally, based on the record before us, we are convinced that were we to deny summary judgment and to permit the plaintiff to conduct discovery, we would be sanctioning nothing more than a fishing expedition (see, Auerbach v. Bennett, 47 N.Y.2d 619). Kunzeman, J.P., Eiber, Sullivan and Balletta, JJ., concur.