Legal Opinion

Hellyer v. Law Capitol, Inc.

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

Decided November 24, 1986PublishedCited by 6 opinions

1Opinion of the Court

On a motion for summary judgment, the movant has the initial burden of coming forward with admissible evidence which makes a prima facie showing of entitlement to judgment as a matter of law (see, GTF Mktg. v Colonial Aluminum Sales, 66 NY2d 965, 967; Zuckerman v City of New York, 49 NY2d 557, 562).

*783In this case, the respondent submitted affidavits by individuals with personal knowledge of the facts and deposition testimony which made a prima facie showing that it was not at fault for the injury which the plaintiff allegedly received as a result of falling in a hole in the parking lot at the…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
  3. GTF Marketing, Inc. v. Colonial Aluminum Sales, Inc.New York Court of Appeals · 1985
  4. Gilbert Properties, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1969
  5. Gilbert Properties, Inc. v. City of New YorkNew York Court of Appeals · 1970

3Cited by6 opinions

  1. Holter v. City of SheyenneNorth Dakota Supreme Court · 1992
  2. Cohen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
  3. Gonzalez v. LebronAppellate Division of the Supreme Court of the State of New York · 1987
  4. Jones v. Brooklyn Union Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1987
  5. La Torella v. HallisseyAppellate Division of the Supreme Court of the State of New York · 1987

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