Legal Opinion
Zuckerman v. City of New York
New York Court of Appeals
Decided April 1, 1980PublishedCited by 7,629 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
We repeat today a precept frequently stated — where the moving party has demonstrated its entitlement to summary judgment, the party opposing the motion must demonstrate by admissible evidence the existence of a factual issue requiring a trial of the action or tender an acceptable excuse for his failure so to do, and the submission of a hearsay affirmation by counsel alone does not satisfy this requirement.
On April 3, 1975 plaintiff (who is not a party to the present appeal) was injured when she fell at a curb near a bus stop located in the City of New York while…
2Cases cited12 opinions
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
- Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
- Alvord & Swift v. Stewart M. Muller Construction Co.New York Court of Appeals · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by7,629 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
7,624 more not listed; retrieve them via the Exa API.