Legal Opinion
Marcum, LLP v. Silva
Appellate Division of the Supreme Court of the State of New York
Decided May 21, 2014PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (DeStefano, J.), dated March 18, 2013, which denied its motion for summary judgment on the complaint.
Ordered that the order is affirmed, with costs.
On a motion for summary judgment, the evidence must be viewed in the light most favorable to the nonmoving party (see Schaffe v SimmsParris, 82 AD3d 867 [2011]; Robinson v 206-16 Hollis Ave. Food Corp., 82 AD3d 735 [2011]). The movant must make a prima facie showing of entitlement to judgment as a *920matter of law, tendering…
2Cases cited10 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Brownrigg v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Kolivas v. KirchoffAppellate Division of the Supreme Court of the State of New York · 2005
- Private Capital Group, LLC v. HosseinipourAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by4 opinions
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- Lopez v. Bell Sports, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
- Reliable Enterprises, Inc. v. Nagori Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2014