Special Term’s original order denying summary judgment may have been improper. However, inclusion of the expert’s affidavit remedies the defects in the earlier proof (see Matter of Fahey v Whalen, 54 AD2d 1097, 1098) and establishes the existence of a material triable issue of fact, making denial of the motion proper (Zuckerman v City of New York, 49 NY2d 557; Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404). (Appeal from order of Supreme Court, Monroe County, John J. Conway, J. — summary judgment.) Present — Dillon, P. J., Callahan, Doerr, O’Donnell and Moule, JJ.