Legal Opinion

Andres v. Ames Department Store, Inc.

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

Decided September 24, 1992PublishedCited by 1 opinion

1Opinion of the Court

Appeal from an order of the Supreme Court (Keniry, J.), entered October 17, 1991 in Rensselaer County, which, inter alia, denied defendant Ames Department Store, Inc.’s motion for summary judgment dismissing the complaint against it.

Even if it is accepted that defendant Ames Department Store, Inc. submitted enough proof to warrant summary judg*329ment in its favor (see, GTF Mktg. v Colonial Aluminum Sales, 66 NY2d 965; cf., Franceschi v Consolidated Rail Corp., 142 AD2d 915), plaintiff, in our view, came forward with sufficient proof in evidentiary form to create a question of fact requiring a…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. GTF Marketing, Inc. v. Colonial Aluminum Sales, Inc.New York Court of Appeals · 1985
  3. McGill v. Caldors, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  4. Wilder v. Rensselaer Polytechnic InstituteAppellate Division of the Supreme Court of the State of New York · 1991
  5. Franceschi v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. Warren v. Wilmorite, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

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