Legal Opinion
First Deposit National Bank v. Moreno
Civil Court of the City of New York
Decided November 5, 1993PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Richard F. Braun, J.
This is an action on a cash advance loan agreement between the parties and for an account stated. Plaintiff seeks $2,945.69, plus 20% attorney’s fees totaling $589.14. Plaintiff moves for summary judgment.
In order to be awarded summary judgment, a plaintiff must prove his or her cause of action sufficiently to warrant the court as a matter of law to direct judgment in the plaintiff’s favor. (CPLR 3212 [b].) A plaintiff must prove his or her claim by evidentiary proof in admissible form, and, if such proof is forthcoming, in order to defeat a summary…
2Cases cited12 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Kenford Co. v. County of ErieNew York Court of Appeals · 1986
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
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3Cited by2 opinions
- Naugatuck Savings Bank v. GrossAppellate Division of the Supreme Court of the State of New York · 1995
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc.District Court, E.D. New York · 2002