Legal Opinion
Otis Elevator Co. v. Heggie Realty Co.
Appellate Terms of the Supreme Court of New York
Decided December 9, 1980PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order entered on January 11,1980 is reversed, with $10 costs; plaintiff’s motion for summary judgment is granted.
To obtain summary judgment, a plaintiff must establish that his cause of action warrants judgment in his favor as a matter of law (CPLR 3212, subd [b]) by submitting “evidentiary proof in admissible form”. The opponent must show facts sufficient to warrant a trial of some issue of fact in order to defeat the motion (CPLR 3212, subd [b]; Zuckerman v City of New York, 49 NY2d 557).
*68The plaintiff submitted an affidavit by a corporate officer and documents purporting…
3Cases cited3 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- D'Onofrio Bros. Construction Corp. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1979
- Lenox Hill Hospital v. FirkalCivil Court of the City of New York · 1973
4Cited by6 opinions
- Braniff, Inc. v. GPA Group PLC (In Re Braniff, Inc.)United States Bankruptcy Court, M.D. Florida · 1990
- Bank Itec N v. v. J. Henry Schroder Bank & Trust Co.District Court, S.D. New York · 1985
- 269 Associates v. YerkesCivil Court of the City of New York · 1982
- Hannigan Electrical Contractors, Inc. v. AwerbuchNew York Supreme Court · 1984
- Imatec, Ltd. v. Apple Computer, Inc.Court of Appeals for the Federal Circuit · 2001
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