DeMAIO v. YESHIVA UNIVERSITY DEVELOPMENT FOUNDATION INC

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

Victoria DeMAIO, etc., Plaintiff-Appellant, v. YESHIVA UNIVERSITY DEVELOPMENT FOUNDATION, INC., et al., Defendants-Respondents.

Decided: March 29, 2007

ANDRIAS, J.P., FRIEDMAN, BUCKLEY, SWEENY, CATTERSON, JJ. 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 N.Y.2d 320, 508 N.Y.S.2d 923, 501 N.E.2d 572 [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 A.D.2d 540, 541, 444 N.Y.S.2d 668 [1981] ).