Harvest Moon, Inc. v. Arochas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Charles Ramos, J.), entered March 29, 1999, which granted defendants-respondents’ motions for summary judgment dismissing the complaint and for a default judgment on their counterclaims, unanimously affirmed, with costs.
On a motion for summary judgment, once the proponent has demonstrated, prima facie, entitlement to judgment as a matter of law, it becomes the burden of the opponent to present admissible evidence showing the existence of a triable issue of fact. Mere conclusions are insufficient to raise a triable issue of fact (Plantamura v Penske…
2Cases cited1 opinion
- Plantamura v. Penske Truck Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by1 opinion
- Fitch v. TMF Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2000