Legal Opinion

In re the Estate of Taylor

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

Decided December 2, 2008Published

1Opinion of the Court

*553In action No. 1, the defendants Sportsman’s Den, Inc., and Robert Steckler made a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to demonstrate the absence of any triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Zuckerman v City of New York, 49 NY2d 557 [1980]). In opposition, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Surrogate’s Court properly granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint in action No. 1.

In action No. 2, the defendant…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Prudential Home Mortgage Co. v. Neildan Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Douglas v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
  5. State Farm Mutual Automobile Insurance v. ChandlerAppellate Division of the Supreme Court of the State of New York · 2006

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