Legal Opinion

Kebbeh v. City of New York

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

Decided January 23, 2014Published

1Opinion of the Court

It is well settled that the “drastic remedy” of summary judgment can be “granted only where the moving party has ‘tender[ed] sufficient evidence to demonstrate the absence of any material issues of fact’ ” (Vega v Restani Constr. Corp., 18 NY3d 499, 503 [2012], quoting Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). When, as here, the movant fails to make this prima facie showing, the motion must be denied, “regardless of the sufficiency of the opposing papers” (id. [emphasis omitted]).

In this Labor Law action, plaintiff alleges that he suffered injuries due to exposure to airborne…

2Cases cited5 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Vega v. Restani Construction Corp.New York Court of Appeals · 2012
  3. Parker v. Mobil Oil Corp.New York Court of Appeals · 2006
  4. Osorio v. Kenart Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Cabral v. 570 West Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2010

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