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MUNNA v. AXMAN

10579. 151405/17.

178 A.D.3d 537 (2019)

115 N.Y.S.3d 277

2019 NY Slip Op 08963

Jane Biondi Munna, Respondent, v. Leslie Axman et al., Appellants, et al., Defendant.

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

Decided December 17, 2019.

Attorney(s) appearing for the Case

Cole Hansen Chester LLC, New York (Michael S. Cole of counsel), for appellants.

Profeta & Eisenstein, New York (Jethro M. Eisenstein of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, Singh, Moulton, JJ.

Plaintiff's omission of an affidavit in opposition to defendants' motion does not require that the facts in defendants' affidavit be deemed admitted, because defendants submitted plaintiff's affidavit and deposition testimony, which indicate the existence of issues of fact (Connell v Buitekant, 17 A.D.2d 944 [1st Dept 1962]).

Plaintiff stated in her affidavit and at deposition that defendant Axman failed to disclose that...

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