Legal Opinion
Shamberg Marwell Cherneff & Hocherman v. Laufer
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 1993PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages based on breach of contract, quantum meruit and account stated, the plaintiff appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered February 13, 1991, which denied its motion for summary judgment.
Ordered that the order is affirmed, with costs.
In a motion for summary judgment the movant "bears the initial burden of making a prima facie showing of its entitlement to judgment as a matter of law” (Holtz v Niagara Mohawk Power Corp., 147 AD2d 857, 858). The opposing party then must present some admissible proof that would require a…
2Cases cited6 opinions
- Ferber v. Sterndent Corp.New York Court of Appeals · 1980
- Holtz v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Sandvoss v. DunkelbergerAppellate Division of the Supreme Court of the State of New York · 1985
- Law Firm of Ira H. Leibowitz, Lasky & Peterson v. SikowitzAppellate Division of the Supreme Court of the State of New York · 1987
- Bittner v. Town of Union ValeAppellate Division of the Supreme Court of the State of New York · 1979
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3Cited by3 opinions
- McCue v. BattagliaAppellate Division of the Supreme Court of the State of New York · 1995
- Empbanque Capital Corp. v. GriffithAppellate Division of the Supreme Court of the State of New York · 1993
- Martinez v. One Plus Rental Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1998