Akane Corp. v. Fujimichi

Appellate Division of the Supreme Court of New York

Akane Corp. v. Fujimichi

184 A.D.2d 300, 587 N.Y.S.2d 135, 1992 N.Y. App. Div. LEXIS 7855

Appellate Division of the Supreme Court of the State of New York·Decided June 11, 1992·Published·Cited by 3 cases

Opinion

Order, Supreme Court, New York County (Harold Tompkins, J.), entered March 19, 1991, which, inter alia, granted plaintiff’s motion for partial summary judgment on its cause of action for conversion of the proceeds of four checks in the amount of $35,612.01, unanimously affirmed, with costs.

The affidavit, affirmations and documentary proof submitted by plaintiff were sufficient to demonstrate, prima facie, a cause of action for conversion. In opposition to the motion, defendant submitted only the affirmation of her attorney, who neither demonstrated personal knowledge of the circumstances surrounding the negotiation of the checks nor submitted evidentiary proof to rebut plaintiff’s claim. Since this affirmation is without probative value, it does not serve to [301]*301rebut plaintiff's prima facie case, and plaintiff’s motion for partial summary judgment was therefore properly granted. (See, Oquendo v Rosgro Realty Corp., 117 AD2d 528, 529.) Concur — Carro, J. P., Rosenberger, Kupferman, Kassal and Smith, JJ.

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Order, Supreme Court, New York County (Harold Tompkins, J.), entered March 19, 1991, which, inter alia, granted plaintiff’s motion for partial summary judgment on its cause of action for conversion of the proceeds of four checks in the amount of $35,612.01, unanimously affirmed, with costs.

The affidavit, affirmations and documentary proof submitted by plaintiff were sufficient to demonstrate, prima facie, a cause of action for conversion. In opposition to the motion, defendant submitted only the affirmation of her attorney, who neither demonstrated personal knowledge of the circumstances surrounding the negotiation of the checks nor submitted evidentiary proof to rebut plaintiff’s claim. Since this affirmation is without probative value, it does not serve to [301]*301rebut plaintiff's prima facie case, and plaintiff’s motion for partial summary judgment was therefore properly granted. (See, Oquendo v Rosgro Realty Corp., 117 AD2d 528, 529.) Concur — Carro, J. P., Rosenberger, Kupferman, Kassal and Smith, JJ.

Akane Corp. v. Fujimichi, 184 A.D.2d 300, 587 N.Y.S.2d 135, 1992 N.Y. App. Div. LEXIS 7855 (N.Y. Ct. App. 1992).

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184 A.D.2d 300 (Akane Corp. v. Fujimichi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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