Hamilton v. Touseull
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Nassau County (McCarty, J.), entered January 5, 2007, which denied that branch of their motion which was for summary judgment and denied that branch of their separate motion pursuant to CFLR 2301 and 2302 (b) for the issuance of various subpoenas duces tecum.
Ordered that the order is affirmed, with costs.
“[T]he proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Katz v. KatzAppellate Division of the Supreme Court of the State of New York · 1979
- Golden Mark Maintenance, Ltd. v. AlarconAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by3 opinions
- Bender v. WalterAppellate Division of the Supreme Court of the State of New York · 2009
- Blue Diamond Fuel Oil Corp. v. Lev Management Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Blue Diamond Fuel Oil Corp. v. Lev Management Corp.Appellate Division of the Supreme Court of the State of New York · 2013