Altmann v. Emigrant Savings Bank

—Order, Supreme Court, New York County (Emily Goodman, J.), entered June 18, 1997, which denied defendant’s motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.

The motion court erred in denying defendant’s motion for summary judgment. Plaintiff did not sufficiently demonstrate the existence of a triable issue of fact (Zuckerman v City of New York, 49 NY2d 557, 562; Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065).…