Legal Opinion

Ionian Construction Inc. v. Stiftung

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

Decided March 21, 1994PublishedCited by 1 opinion

1Opinion of the Court

—In an action to recover damages resulting from the wrongful filing of a notice of pendency, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 22, 1992, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

It is well settled that the summary judgment movant must establish his or her defense or cause of action sufficiently to warrant granting summary judgment in his or her favor. The party opposing the motion must produce evidentiary proof in admissible form…

2Cases cited4 opinions

  1. Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
  2. 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984
  3. Daliendo v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1989
  4. Doar v. KozickAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by1 opinion

  1. Kalbacher v. PaezAppellate Division of the Supreme Court of the State of New York · 1995

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