35 Estates v. Central Park Garden

In 35 Estates v. Central Park Garden (35 AD2d 915, 316 N.Y.S.2d 3 1st Dept 1970), a tort suit, the issue was whether affidavits stating a conclusion as to causation could be the basis of summary judgment. The First Department held those affidavits insufficient only because the "plaintiff alone has knowledge of the 'before-and-after' factors peculiar to that case" (id.).