DENNIS v. ROCKAWAY ONE COMPANY LLC (2022)

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

Plaintiff commenced this action to recover the principal sum of $23,850. Defendant counterclaimed to recover the principal sum of $16,656.38. Defendant moved for summary judgment dismissing the complaint and on its counterclaim. In support of the motion, defendant submitted an affidavit by its litigation manager and an affirmation by its counsel. Defendant appeals, as limited by its brief, from so much of an order of the Civil Court entered November 8, 2019 as denied the branch of defendant's motion seeking summary judgment dismissing the complaint.

Contrary to defendant's contention, it failed to establish its prima facie entitlement to judgment as a matter of law dismissing the complaint since defendant failed to submit an affidavit in support of the motion by a person with requisite knowledge of the facts and the supporting affirmation from its attorney lacked probative value (see Alrof, Inc. v Safeco Natl. Ins. Co., 39 Misc 3d 130[A], 2013 NY Slip Op 50458[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2013]; Sydney Realty, LLC v Desiderio, 17 Misc 3d 137[A], 2007 NY Slip Op 52302[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2007]).

Moreover, we note that the copy of plaintiff's petition in bankruptcy submitted by defendant on the motion is not in admissible form (see United Specialty Ins. v Columbia Cas. Co., 186 AD3d 650 [2020]).

Accordingly, the order, insofar as appealed from, is affirmed.

ALIOTTA, P.J., WESTON and BUGGS, JJ., concur.