Legal Opinion
Myers v. Fir Cab Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 1984PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Fein, J.
The summary judgment granted to plaintiffs on liability only should be affirmed with costs for the reasons stated by Justice Alfred M. Ascione at Special Term.
We would add that defendants have failed to submit any evidentiary facts sufficient to raise a triable issue. In opposing a motion for summary judgment even in a negligence action, it must be shown that there are evidentiary facts requiring a trial (Horowitz v Konner, Inc., 67 AD2d 38).
We are all aware of the strictures against summary judgment in negligence cases. Curiously enough, Andre v Pomeroy (35 NY2d…
2Cases cited11 opinions
- Andre v. PomeroyNew York Court of Appeals · 1974
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Ugarriza v. SchmiederNew York Court of Appeals · 1979
- Corcoran v. Banner Super Market, Inc.New York Court of Appeals · 1967
- Pfaffenbach v. White Plains Express Corp.New York Court of Appeals · 1966
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Matter of Greater Jamaica Development Corporation v. New York City Tax CommissionNew York Court of Appeals · 2015