Opinion
December 10, 1984
Appeal from the Supreme Court, Kings County (Jordan, J.).
Order affirmed, with one bill of costs.
The affidavits submitted in opposition to the motion and cross motion for summary judgment present no evidentiary facts to indicate that a triable issue exists. Plaintiffs contend that essential facts are within the exclusive knowledge of the movant and cross movant, yet do not set forth any facts which may exist or what efforts were made to ascertain such facts. Furthermore, it appears that essential facts, if any existed, were available by investigation, inquiry or access to public records (see Overseas Reliance Tours Travel Serv. v. Sarne Co., 17 A.D.2d 578). Thompson, J.P., O'Connor, Boyers and Lawrence, JJ., concur.