Machinery Funding Corp. v. Stan Loman Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order, Supreme Court, New York County (Book-son, J.), entered on September 17, 1981, denying plaintiff’s motion for summary judgment is unanimously reversed, on the law, with costs and disbursements, the motion is granted and the matter is remanded to the Supreme Court, New York County, for an assessment of damages. It is axiomatic that in opposing a motion for summary judgment, a defendant, confronted by a prima facie showing of entitlement by a plaintiff, must demonstrate the presence of actual issues of fact. Such a defendant is required to assemble, lay bare and reveal his proofs in…
2Cases cited6 opinions
- Gerstein v. 532 Broad Hollow Road Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Joseph F. Egan, Inc. v. City of New YorkNew York Court of Appeals · 1966
- Lerner Stores Corp. v. Parklane Hosiery Co.Appellate Division of the Supreme Court of the State of New York · 1976
- Chemical Bank v. Queen Wire & Nail, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Bachorik v. Allied Control Co.Appellate Division of the Supreme Court of the State of New York · 1970
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Israel v. ChabraCourt of Appeals for the Second Circuit · 2008
- Carter v. Metro North AssociatesAppellate Division of the Supreme Court of the State of New York · 1998
- Bloss v. Va'ad Harabonim of RiverdaleAppellate Division of the Supreme Court of the State of New York · 1994
- Tobron Office Furniture Corp. v. King World Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Ellen v. LauerAppellate Division of the Supreme Court of the State of New York · 1994
7 more not listed; retrieve them via the Exa API.