[DOWNLOAD] "Betty Ciccatello v. Tops Friendly Markets" by Supreme Court of New York # eBook PDF Kindle ePub Free

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eBook details

• Title: Betty Ciccatello v. Tops Friendly Markets
• Author : Supreme Court of New York
• Release Date : January 07, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant's motion for summary judgment. ""A defendant moving for summary judgment has the initial burden of coming forward with admissible evidence, such as affidavits by persons having knowledge of the facts, reciting the material facts and showing that the cause of action has no merit (CPLR 3212[b]; Zuckerman v City of New York, 49 N.Y.2d 557, 562)"" (GTF Mktg. v Colonial Aluminum Sales, 66 N.Y.2d 965, 967). Here, defendant's motion relied on the affidavit of its attorney, which asserted that summary judgment was appropriate because plaintiff had not proven that defendant had notice of the injury-producing condition. That was insufficient to sustain defendant's burden on a motion for summary judgment (see, George Larkin Trucking Co. v Lisbon Tire Mart, A.D.2d [decided July 14, 1992]).

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