Legal Opinion

Harvest Moon, Inc. v. Arochas

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

Decided March 21, 2000PublishedCited by 1 opinion

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

  1. Plantamura v. Penske Truck Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by1 opinion

  1. Fitch v. TMF Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

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