Conclusory Allegations of Customer Confusion Insufficient to Defeat Motion for Summary Judgment

In reversing the motion court’s grant of summary judgment to the plaintiff in an unfair competition action, the Fourth Department determined that conclusory allegations of customer confusion or mistake in plaintiff’s affidavit were not sufficient, and the exhibits attached to the affidavit to demonstrate customer confusion were not admissible under the business records exception to the hearsay rule (insufficient foundation).  KG2, LLC … v Weller…, CA 12-01225, 338, 4th Dept. 4-26-13