Legal Opinion
Babjeck v. Smalis, Inc.
New York Supreme Court
Decided August 10, 1998Published
1Opinion of the Court
OPINION OF THE COURT
John G. Connor, J.
*934Defendant, Smalis,. Inc. (hereinafter Smalis), moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the plaintiffs’ complaint. Plaintiffs oppose the instant motion on the grounds that material issues of fact exist that preclude summary judgment.
It is well settled that on a motion for summary judgment the moving party has the initial burden to make a prima facie showing that it is entitled to judgment as a matter of law. Only when the initial burden is met does the burden shift to the opposing party to produce evidentiary proof,…
2Cases cited11 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Robinson v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1980
- Barrett v. JacobsNew York Court of Appeals · 1931
- Moskowitz v. GarlockAppellate Division of the Supreme Court of the State of New York · 1965
- Daliendo v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1989
6 more not listed; retrieve them via the Exa API.