Legal Opinion
Smith v. Key Bank of Western New York, N.A.
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1994PublishedCited by 4 opinions
1Opinion of the Court
Order affirmed with costs. Memorandum: Supreme Court properly *849denied defendant’s motion for summary judgment. In support of the motion, defense counsel asserted in his affidavit that there was no dangerous or defective condition on defendant’s premises and that plaintiff Thomas Smith’s conduct was the cause of the accident. Those conclusory assertions are insufficient for defendant to meet its burden of proof to entitle it to summary judgment (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853; Republic Natl. Bank v Luis Winston, Inc., 107 AD2d 581, 582). Moreover, summary judgment is…
2Cases cited5 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Andre v. PomeroyNew York Court of Appeals · 1974
- Hourigan v. McGarryAppellate Division of the Supreme Court of the State of New York · 1984
- Republic National Bank v. Luis Winston, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Burlingame v. HeftiAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by4 opinions
- Kucera v. Waldbaums SupermarketsAppellate Division of the Supreme Court of the State of New York · 2003
- Kajfasz v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Tingwall v. Lowes Nassau Cinemas, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Watanabe v. Thurber Street Associates Corp.Appellate Division of the Supreme Court of the State of New York · 1998