Legal Opinion

Raia Industries, Inc. v. Young

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 1986PublishedCited by 9 opinions

1Opinion of the Court

The proponent of a motion for summary judgment is required to make a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to eliminate any material issues of fact from the case. The failure to make such a showing requires the denial of the motion, regardless of the insufficiency of the opposing papers (see, Winegrad v New York Univ. Med. Center, 64 NY2d 851; Royal v Brooklyn Union Gas Co., 122 AD2d 132). Here, the plaintiff has failed to make the necessary prima facie showing. Thompson, J. P., Weinstein, Niehoff and Spatt, JJ., concur.

2Cases cited2 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Royal v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1986

3Cited by9 opinions

  1. Hecht v. Vanderbilt AssociatesAppellate Division of the Supreme Court of the State of New York · 1988
  2. Fox v. Wyeth Laboratories, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  3. Donatin v. Sea Crest Trading Co.Appellate Division of the Supreme Court of the State of New York · 1992
  4. County Oil Co. v. Bayview Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1992
  5. Republic National Bank v. ZitoAppellate Division of the Supreme Court of the State of New York · 2001

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