Legal Opinion
Pribyl v. Van Loan & Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1941PublishedCited by 16 opinions
1Per curiam
The affidavits submitted in support of the motion for summary judgment dismissing the complaint against the appellants The Marine Midland Trust Company and James A. Davis, clearly demonstrate that the plaintiff has no cause of action against them. The complaint, therefore, should have been dismissed, the plaintiff having failed to submit in opposition any affidavits or other proof sufficient to warrant a trial. The mere allegations of the complaint do not constitute proof sufficient to defeat a motion for summary judgment. (White v. Merchants Despatch Transp. Co., 256 App. Div. 1044.)
Since…
2Cases cited2 opinions
- White v. Merchants Despatch Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Bohlken v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1936
3Cited by16 opinions
- Camp-of-the-Pines, Inc. v. New York Times Co.New York Supreme Court · 1945
- Gluck v. Pinkerton New York Racing Security Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Indig v. FinkelsteinAppellate Division of the Supreme Court of the State of New York · 1968
- People ex rel. Nuccio v. Warden of Eighth District PrisonNew York Supreme Court · 1943
- Lindley v. RobillardNew York Supreme Court · 1955
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