Heritage Co. of Massena v. Klein's All Sport Distributors, Inc.

Appellate Division of the Supreme Court of New York

Heritage Co. of Massena v. Klein's All Sport Distributors, Inc.

185 A.D.2d 712, 587 N.Y.S.2d 869, 1992 N.Y. App. Div. LEXIS 9305

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

DecidedJuly 14, 1992

StatusPublished

This text of 185 A.D.2d 712 (Heritage Co. of Massena v. Klein's All Sport Distributors, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Heritage Co. of Massena v. Klein's All Sport Distributors, Inc., 185 A.D.2d 712, 587 N.Y.S.2d 869, 1992 N.Y. App. Div. LEXIS 9305 (N.Y. Ct. App. 1992).

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Opinion

— Order unanimously affirmed with costs. Memorandum: To be entitled to summary judgment, the moving party must tender sufficient evidence to eliminate any material issues of fact and make a prima facie showing of entitlement to judgment as a matter of law (Zuckerman v City of New York, 49 NY2d 557, 562). Because plaintiff’s conclusory assertions fail to establish the specific nature of defendant’s defaults and their interrelationships to the amounts demanded, it failed to establish its entitlement to judgment as a matter of law and, therefore, summary judgment was properly denied (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). (Appeal from Order of Supreme Court, Onondaga County, Mordue, J. — Summary Judgment.) Present — Green, J. P., Balio, Lawton, Boehm and Doerr, JJ.

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— Order unanimously affirmed with costs. Memorandum: To be entitled to summary judgment, the moving party must tender sufficient evidence to eliminate any material issues of fact and make a prima facie showing of entitlement to judgment as a matter of law (Zuckerman v City of New York, 49 NY2d 557, 562). Because plaintiff’s conclusory assertions fail to establish the specific nature of defendant’s defaults and their interrelationships to the amounts demanded, it failed to establish its entitlement to judgment as a matter of law and, therefore, summary judgment was properly denied (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). (Appeal from Order of Supreme Court, Onondaga County, Mordue, J. — Summary Judgment.) Present — Green, J. P., Balio, Lawton, Boehm and Doerr, JJ.

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185 A.D.2d 712, 587 N.Y.S.2d 869, 1992 N.Y. App. Div. LEXIS 9305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heritage-co-of-massena-v-kleins-all-sport-distributors-inc-nyappdiv-1992.

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