Legal Opinion

Scanlon v. Long Beach Public Schools

Appellate Division of the Supreme Court of the State of New York

Decided October 12, 1993PublishedCited by 2 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendants William J. Mallahan and Matthew J. Mallahan appeal from an order of the Supreme Court, Nassau County (McCabe, J.), dated July 3, 1991, which denied their motion for summary judgment dismissing the complaint insofar as it is asserted against them.

Ordered that the order is affirmed, with costs.

To defeat a motion for summary judgment, the opposing party must show facts sufficient to require a trial and must make that showing by evidentiary proof in admissible form (see, Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065,…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  3. Olan v. Farrell Lines Inc.New York Court of Appeals · 1985
  4. Spearmon v. Times Square Stores Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  5. Watford v. Jack LaLanne Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by2 opinions

  1. Desola v. Mads, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Samanski v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1995

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