Opinion
8988 8989 Index 302677/12
04-11-2019
Connie B. STEWART, et al., Plaintiffs–Appellants, v. 163RD STREET IMPROVEMENT COUNCIL, INC., et al., Defendants–Respondents, The City of New York, Defendant.
Simon, Eisenberg & Baum, LLP, New York (Sagar Shah of counsel), for appellants. Lester Schwab Katz & Dwyer, LLP, New York (Paul M. Tarr of counsel), for respondents.
Simon, Eisenberg & Baum, LLP, New York (Sagar Shah of counsel), for appellants.
Lester Schwab Katz & Dwyer, LLP, New York (Paul M. Tarr of counsel), for respondents.
Acosta, P.J., Manzanet–Daniels, Tom, Oing, JJ.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about December 11, 2017, which, upon renewal, adhered to its prior determination granting defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about August 23, 2017, unanimously dismissed, without costs, as moot.
The court correctly concluded that plaintiffs' expert reports, admitted on renewal, were conclusory and speculative. Accordingly, they were insufficient to rebut defendants' prima facie showing that they discharged their duty to plaintiffs' decedent as a matter of law ( N.X. v. Cabrini Med. Ctr., 97 N.Y.2d 247, 252–253, 739 N.Y.S.2d 348, 765 N.E.2d 844 [2002] ).