Legal Opinion
Safeguard Insurance v. E. Tetz & Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 10, 2000PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover insurance premiums, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated May 20, 1999, which denied its motion for summary judgment.
Ordered that the order is affirmed, with costs.
The proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, and the failure to sustain this initial burden requires denial of the motion, regardless of the sufficiency of the opposing papers (see, Alvarez v Prospect Hosp., 68 NY2d 320; Zuckerman v City of New York, 49 NY2d 557; Schwartz &…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Family Coatings, Inc. v. Michigan Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
- St. Paul Fire & Marine Insurance v. Capri Construction Corp.New York Court of Appeals · 1991
- S.B. Schwartz & Co. v. G. & H. Real Estate Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by5 opinions
- Essex Insurance v. Laruccia Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Burlington Insurance v. Casur Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Liberty Mutual Insurance v. Thalle Construction Co.District Court, S.D. New York · 2000
- Alliance Natl. Ins. Co. v. HaglerAppellate Division of the Supreme Court of the State of New York · 2023
- Santamaria v. KellyAppellate Division of the Supreme Court of the State of New York · 2001