Legal Opinion
De Fren v. Russell
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1979PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Murphy, P. J.
On a motion for summary judgment, the court must search the proof, as proffered by affidavits or otherwise, to ascertain whether it discloses a real rather than a perfunctory issue (Schillinger v North Hills Realty Corp., 15 AD2d 539, 540, affd 11 NY2d 1044). Plaintiff De Fren submitted his own affidavits and other proof in support of his cross motion for *418partial summary judgment on the first and second causes of action for a finder’s fee of $75,000. However, defendants Russell and Bio-Dynamics did not lay bare their proof in opposition to that portion of the…
2Cases cited2 opinions
- Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
- Schillinger v. North Hills Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1961
3Cited by5 opinions
- Barrister Referrals, Ltd. v. Windels, Marx, Davies & IvesAppellate Division of the Supreme Court of the State of New York · 1991
- Gregory v. Universal Certificate Group LLCAppellate Division of the Supreme Court of the State of New York · 2006
- PaineWebber Inc. v. Campeau Corp.District Court, S.D. New York · 1987
- Delan v. CBS, Inc.New York Supreme Court · 1981
- Capital Access Servs., Inc. v. Direct Source Seafood, LLCCourt of Appeals for the Second Circuit · 2019