Opinion
November 19, 1984
Appeal from the Supreme Court, Rockland County (Dachenhausen, J.).
Judgment affirmed.
Plaintiff is awarded one bill of costs.
Defendants have failed, as a matter of law, to come forward with sufficient admissible evidence to establish the existence of a factual issue requiring a trial (see Zuckerman v City of New York, 49 N.Y.2d 557; Friends of Animals v Associated Fur Mfrs., 46 N.Y.2d 1065). The affidavits submitted on behalf of the defendants consist merely of conclusory allegations that the representations concerning the adequacy of the water supply were false when made. It is well settled that "a shadowy semblance of an issue or bald conclusory assertions, even if believable, are not enough" to defeat a motion for summary judgment ( Gelb v Bucknell Press, 69 A.D.2d 829, 830; see, also, Kruger Pulp Paper Sales v Intact Containers, 100 A.D.2d 894, 895). Since defendants failed to establish a defense of fraudulent misrepresentation as a matter of law, there was no abuse of discretion in denying the cross motion for leave to amend the answer to assert fraud as an affirmative defense. As to the other affirmative defenses which defendants sought to interpose, they lacked merit. Mollen, P.J., Titone, Thompson and Weinstein, JJ., concur.