Legal Opinion

Miracle Plywood Corp. v. Nepperhan Realty Corp.

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

Decided March 25, 1991PublishedCited by 2 opinions

1Opinion of the Court

In a negligence action to recover damages for injury to property, the plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Coppola, J.), dated October 10, 1989, as denied their motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

It is well settled that in order to successfully resist a motion for summary judgment, the opposing party must produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial (see, Zuckerman v City of New York,…

2Cases cited2 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. MTB Computer Corp. v. Chase Manhattan Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by2 opinions

  1. In re the Estate of O'BrienAppellate Division of the Supreme Court of the State of New York · 1992
  2. McMann v. Ballantyne Marine, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

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