Legal Opinion
Vermette v. Kenworth Truck Co.
New York Court of Appeals
Decided July 8, 1986PublishedCited by 47 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and defendant Green Truck Supply’s motion for summary judgment granted. Certified question answered in the affirmative.
We agree with the dissenting memorandum of Justice John T. Casey at the Appellate Division (111 AD2d 448, 450) that in light of the evidentiary proof tendered by Green in support of its motion, plaintiff was required to tender proof in admissible form to establish the existence of a triable issue of fact. Plaintiff’s attorney’s affidavit, which merely alleges in conclusory form…
2Cases cited2 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Vermette v. Kenworth Truck Co.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by47 opinions
- JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
- Ayala v. V & O Press Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Farrugia v. North Shore University HospitalNew York Supreme Court · 2006
- Wagman v. Village of CatskillAppellate Division of the Supreme Court of the State of New York · 1995
- Amedure v. Standard Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1987
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