Inadmissible hearsay not enough to defeat SJ when that’s all there is

Roche v Bryant, 2011 NY Slip Op 01011 (App. Div., 2nd 2011)

The plaintiff failed to raise a triable issue of fact in opposition. The only evidence offered by the plaintiff to demonstrate that, prior to this incident, the dog actually exhibited any fierce or hostile tendencies was inadmissible hearsay (see Stock v Otis El. Co., 52 AD3d 816, 817 [inadmissible hearsay "is insufficient to bar summary judgment if it is the only evidence submitted" (internal quotation marks omitted)]; Rodriguez v Sixth President, Inc., 4 AD3d 406; Palumbo v [*2]Nikirk, 59 AD3d at 691; Sers v Manasia, 280 AD2d at 540; Lugo v Angle of Green, 268 AD2d 567).

The bold is mine.

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