DeMaio v Yeshiva Univ. Dev. Found., Inc.

DeMaio v Yeshiva Univ. Dev. Found., Inc. 2007 NY Slip Op 02662 [38 AD3d 473] March 29, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

Victoria DeMaio, Individually and as Administratrix of the Estate of Christopher Joel DeMaio, Deceased, Appellant,
v
Yeshiva University Development Foundation, Inc., et al., Respondents.

—[*1] John V. Decolator, Garden City, for appellant.

Wenick & Finger, P.C., New York (Frank J. Wenick of counsel), for respondents.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered March 8, 2006, which granted defendant Montefiore's cross motion for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.

Montefiore established its prima facie entitlement to summary dismissal (Alvarez v Prospect Hosp., 68 NY2d 320 [1986]) by submitting evidence demonstrating that it did not lease the premises where the decedent's accident occurred. Plaintiff failed to raise any triable issues of fact, relying solely on inadmissible evidence, which cannot form the basis for denial of summary judgment (see Wertheimer v New York Prop. Ins. Underwriting Assn., 85 AD2d 540, 541 [1981]). Concur—Andrias, J.P., Friedman, Buckley, Sweeny and Catterson, JJ.