Legal Opinion

Giangotti v. Grauer

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

Decided February 2, 1990PublishedCited by 2 opinions

1Opinion of the Court

*969Defendants met their initial burden entitling them to summary judgment. Plaintiffs’ only submission in opposition was their attorney’s affidavit stating that there were jury issues concerning the site of the fall and whether the site had been acquired by defendants by adverse possession. That affidavit was insufficient to raise an issue of fact whether the fall occurred on defendants’ property (see, Bachrach v Farbenfabriken Bayer, 36 NY2d 696; Stewart v Town of Waterford, 152 AD2d 837; see also, GTF Mktg. v Colonial Aluminum Sales, 66 NY2d 965). It also failed to provide any factual basis…

2Cases cited6 opinions

  1. GTF Marketing, Inc. v. Colonial Aluminum Sales, Inc.New York Court of Appeals · 1985
  2. Kiernan v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1988
  3. Appio v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1988
  4. Bachrach v. Farbenfabriken Bayer AGNew York Court of Appeals · 1975
  5. Stewart v. Town of WaterfordAppellate Division of the Supreme Court of the State of New York · 1989

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3Cited by2 opinions

  1. Barnes v. Stone-QuinnAppellate Division of the Supreme Court of the State of New York · 1993
  2. Giotto v. GaetanoAppellate Division of the Supreme Court of the State of New York · 1991

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