Legal Opinion
Lang v. Warner
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 1986PublishedCited by 3 opinions
1Opinion of the Court
In an action for indemnification and to recover damages for fraud, the third-party defendants appeal from an order of the Supreme Court, Nassau County (Balletta, J.), dated August 30, 1985 which denied their motion for summary judgment dismissing the third-party complaint.
Order reversed, on the law, with costs, motion granted, and third-party complaint dismissed.
When no facts establishing a cause of action are alleged or proved, summary judgment may be properly granted to a defendant (Barr v County of Albany, 50 NY2d 247; Alvord & Swift v Muller Constr. Co., 46 NY2d 276). Although the…
2Cases cited10 opinions
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Lanzi v. BrooksNew York Court of Appeals · 1977
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
- Alvord & Swift v. Stewart M. Muller Construction Co.New York Court of Appeals · 1978
- Lanzi v. BrooksAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by3 opinions
- Cresswell v. Sullivan & CromwellDistrict Court, S.D. New York · 1989
- Berner v. Moore Business Forms, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- United Orient Bank v. Green (In re Green)District Court, S.D. New York · 1997