Kent v. Dutton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, on the law, without costs, and motion denied. Memorandum: Contrary to plaintiff’s contentions, the failure of the defendant to submit any opposing affidavits does not warrant the granting of summary judgment in favor of the plaintiff. The burden is always on the movant to establish his cause of action sufficiently to warrant the court to act as a matter of law (Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065, 1067). Accepting as true, as we must, all of plaintiff’s allegations, nevertheless, there are insufficient grounds for granting summary judgment in…
2Cases cited7 opinions
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Stupnicki v. Southern New York Fish & Game Ass'nNew York Supreme Court · 1962
- Stupnicki v. Southern New York Fish & Game Ass'nAppellate Division of the Supreme Court of the State of New York · 1963
- Low v. Humble Oil & Refining Co.New York Supreme Court · 1960
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3Cited by6 opinions
- Daetsch v. TaberAppellate Division of the Supreme Court of the State of New York · 1989
- Firsty v. De ThomasisAppellate Division of the Supreme Court of the State of New York · 1991
- Carlo v. LushiaAppellate Division of the Supreme Court of the State of New York · 1988
- Owen v. BLC Fly Fishers, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- D'Ambro v. SquireAppellate Division of the Supreme Court of the State of New York · 1994
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