(DOWNLOAD) "Lorraine Rebecchi v. Kenneth Whitmore" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Lorraine Rebecchi v. Kenneth Whitmore
- Author : Supreme Court of New York
- Release Date : January 08, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
DECISION & ORDER On a motion for summary judgment the movant must establish his or her cause of action or defense sufficiently
to warrant a court directing judgment in its favor as a matter of law (see, Frank Corp. v Federal Ins. Co., 70 N.Y.2d 966;
Alvarez v Prospect Hosp., 68 N.Y.2d 320). "The party opposing the motion, on the other hand, must produce evidentiary proof
in admissible form sufficient to require a trial of material question of fact" (Frank Corp. v Federal Ins. Co. supra, at 967;
GTF Mktg. v Colonial Aluminum Sales, 66 N.Y.2d 965). Mere conclusions or unsubstantial allegations are insufficient to raise
a triable issue (see, Frank Corp. v. Federal Ins. Co., supra). Further, to grant summary judgment, it must clearly appear that no material triable issue of fact is presented. The burden
on the court deciding this type of motion is not to resolve issues of fact or determine matters of credibility but merely
to determine whether such issues exist (see, Barr v County of Albany, 50 N.Y.2d 247; Daliendo v Johnson, 147 A.D.2d 312, 317).
 "Lorraine Rebecchi v. Kenneth Whitmore" by Supreme Court of New York # eBook PDF Kindle ePub Free){kind=link}