Legal Opinion

Sarver v. Martyn

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

Decided May 14, 1990PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Miller, J.), entered March 3, 1989, which upon granting the defendants’ cross motion for summary judgment, dismissed the complaint.

Ordered that the order and judgment is affirmed, with costs.

It is well settled that in order to successfully resist a motion for summary judgment, the opposing party “must produce evidentiary proof in admissible form sufficient to require a trial of material questions of fact on which he rests his claim or…

2Cases cited7 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Sheehan v. City of New YorkNew York Court of Appeals · 1976
  3. Abbott v. Page Airways, Inc.New York Court of Appeals · 1969
  4. De Witt Properties, Inc. v. City of New YorkNew York Court of Appeals · 1978
  5. Kennerly v. Campbell Chain Co.Appellate Division of the Supreme Court of the State of New York · 1987

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Zarzona v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
  2. Wood v. OthersonAppellate Division of the Supreme Court of the State of New York · 1994
  3. Realty Development Co. v. JacksonCivil Court of the City of New York · 1995
  4. Bullard v. BenderAppellate Division of the Supreme Court of the State of New York · 1998

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