Legal Opinion
Gilbert Frank Corp. v. Federal Insurance
New York Court of Appeals
Decided February 4, 1988PublishedCited by 332 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, defendant’s motion for summary judgment granted, and the question certified answered in the negative.
This court has repeatedly held that in order to obtain summary judgment, movant must establish its defense or cause of action sufficiently to warrant a court’s directing judgment in its favor as a matter of law (Zuckerman v City of New York, 49 NY2d 557, 562; Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065, 1067-1068). The party opposing the motion, on the other hand, must produce…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- Proc v. Home InsuranceNew York Court of Appeals · 1966
- Blitman Construction Corp. v. Insurance Co. of North AmericaNew York Court of Appeals · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by332 opinions
- Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.New York Court of Appeals · 2006
- Globecon Group, LLC v. Hartford Fire Insurance Company, Docket No. 04-4399-CvCourt of Appeals for the Second Circuit · 2006
- Westinghouse Electric Corp. v. New York City Transit AuthorityDistrict Court, S.D. New York · 1990
- Daliendo v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1989
- Gulf Insurance v. KanenAppellate Division of the Supreme Court of the State of New York · 2004
327 more not listed; retrieve them via the Exa API.