Legal Opinion
Olan v. Farrell Lines Inc.
New York Court of Appeals
Decided April 25, 1985PublishedCited by 99 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated in its memorandum (105 AD2d 653). We add only that, before considering whether plaintiff put forth sufficient proof to defeat defendant’s motion for summary judgment, the issue of whether defendant established its defense must first be addressed (CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562). In this instance, defendant put forth sufficient evidentiary proof in admissible form, and plaintiff raised no issue of material fact to support its claim of…
2Cases cited2 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Gaeta v. New York News Inc.New York Court of Appeals · 1984
3Cited by99 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Thomas v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
- Nicoletta v. Rochester Eye & Human Parts Bank, Inc.New York Supreme Court · 1987
- Gezelter v. PecoraAppellate Division of the Supreme Court of the State of New York · 2015
94 more not listed; retrieve them via the Exa API.