HOLTZER v. [And A Third-Party Action]. (1999)

Supreme Court, Appellate Division, First Department, New York.

George HOLTZER, Plaintiff-Appellant, v. The LONDON MEAT CO., INC., et al., Defendants-Respondents. [And A Third-Party Action].

Decided: November 04, 1999

ROSENBERGER, J.P., WILLIAMS, TOM, MAZZARELLI and SAXE, JJ.

Thomas Torto, for Plaintiff-Appellant. Ken Horwitz, for Defendants-Respondents.

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about September 16, 1998, which, inter alia, granted defendants' cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly awarded since plaintiff's theory that his injury was caused by bald tires on defendants' van is unsupported by any probative evidence in admissible form and amounts to sheer conjecture and speculation (see, Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544, 550, 684 N.Y.S.2d 139, 706 N.E.2d 1163; see also, Lynn v. Lynn, 216 A.D.2d 194, 628 N.Y.S.2d 667).

MEMORANDUM DECISION.

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