Legal Opinion
D'Amato v. D'Amato
New Jersey Superior Court Appellate Division
Decided November 5, 1997PublishedCited by 12 opinions
1Opinion of the Court
The opinion of the court was delivered by
SKILLMAN, J.A.D.
This appeal involves the principles which govern consideration of a motion for summary judgment where a party opposing the motion does not present affidavits or other evidential materials contradicting the moving party’s allegations but nevertheless ar*112gues that the case presents credibility issues which must be decided by a trier of fact.
On June 16, 1994, Anthony D’Amato (Anthony), who was hospitalized with terminal cancer, executed a power of attorney appointing his brother Rocco D’Amato (Rocco) and his brother’s wife Rita D’Amato…
2Cases cited10 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Brill v. Guardian Life Insurance Co. of AmericaSupreme Court of New Jersey · 1995
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Emc Mortg. Corp. v. ChaudhriNew Jersey Superior Court Appellate Division · 2008
- Akhtar v. JDN Properties at Florham Park, L.L.C.New Jersey Superior Court Appellate Division · 2015
- Agurto v. GuhrNew Jersey Superior Court Appellate Division · 2005
- Alves v. RosenbergNew Jersey Superior Court Appellate Division · 2008
- J.M.L. v. A.M.P.New Jersey Superior Court Appellate Division · 2005
7 more not listed; retrieve them via the Exa API.