13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)

Citation: 13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Parent Document: 13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Jurisdiction: New York (state)
Effective Date: 2004-06-29
Original Source: https://www.courtlistener.com/opinion/6305035/13315-owners-corp-v-kennedy/ ↗

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Petitioner does not dispute these facts. Petitioner does not even mention the events that took place before respondent’s attorney began to make a statement. Petitioner contends only, and only in a conclusory way, that respondent’s attorney was silenced because respondent was creating a “disturbance” during respondent’s attorney’s speech. (See petitioner’s reply affirmation 1Í 31.) What that purported disturbance was, petitioner does not say. Conclusory evidence is insufficient to raise an issue of fact under CPLR 3212 (b) about whether respondent was unfairly denied his right to be heard. (See e.g. Castro v New York Univ., 5 AD3d 135, 136 [1st Dept 2004] [“It is well settled that affidavits . . . consisting of mere conclusions . . . are insufficient to defeat a motion for summary relief”]; Rodriguez v Tsui, 233 AD2d 382, 382 [2d Dept 1996] [finding that “the conclusory evidence submitted by the plaintiff in opposition to the motion (for summary judgment) was insufficient to raise an issue of fact”].)

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