Legal Opinion
Indig v. Finkelstein
New York Court of Appeals
Decided November 27, 1968PublishedCited by 149 opinions
1Opinion of the Court
Memorandum. Defendants’ motion for summary judgment is supported by affidavits, containing evidentiary facts, showing that the verbal altercation in which the alleged slanders were uttered did not take place in the presence of others. It was then mandatory upon plaintiffs to submit evidentiary facts or materials, by affidavit or otherwise, rebutting the prima facie showing of no publication and demonstrating the existence of a triable issue of ultimate fact (CPLR 3212, subd. [b]; Shapiro v. Health Ins. Plan, 7 N Y 2d 56, 63; Steingart Assoc. v. Sandler, 28 A D 2d 801, 802-803; Green v. Irwin,…
2Cases cited4 opinions
- Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
- Twigg v. TwiggNew York Supreme Court · 1921
- Greenberg v. UghettoNew York Supreme Court · 1959
- Twigg v. TwiggAppellate Division of the Supreme Court of the State of New York · 1922
3Cited by149 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Columbia Ribbon & Carbon Manufacturing Co. v. A-1-A Corp.New York Court of Appeals · 1977
- Krupp v. Aetna Life & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1984
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