Legal Opinion
Kosson v. Algaze
New York Court of Appeals
Decided January 17, 1995PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
In order to defeat defendants’ motion for summary judgment, plaintiff had the burden of showing " ' "facts sufficient to require a trial of any issue of fact” ’ ” (Zuckerman v City of New York, 49 NY2d 557, 562; CPLR 3212 [b]). As applied here, plaintiff had to submit evidentiary facts that he was employed by defendant St. Luke’s/Roosevelt Hospital Center for a fixed duration pursuant to a definite written contract of employment. In his complaint, plaintiff did not allege the existence of a…
2Cases cited1 opinion
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
3Cited by24 opinions
- Finley v. GiacobbeCourt of Appeals for the Second Circuit · 1996
- Finley v. GiacobbeCourt of Appeals for the Second Circuit · 1996
- Pokoik v. PokoikAppellate Division of the Supreme Court of the State of New York · 2014
- Deangelis v. CorzineDistrict Court, S.D. New York · 2014
- Cohen v. DavisDistrict Court, S.D. New York · 1996
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