North v. Gibson

Appellate Division of the Supreme Court of New York

North v. Gibson

226 A.D.2d 438, 640 N.Y.S.2d 788, 1996 N.Y. App. Div. LEXIS 3615

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

DecidedApril 8, 1996

StatusPublished

Cited by1 cases

This text of 226 A.D.2d 438 (North v. Gibson) 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.

Bluebook

North v. Gibson, 226 A.D.2d 438, 640 N.Y.S.2d 788, 1996 N.Y. App. Div. LEXIS 3615 (N.Y. Ct. App. 1996).

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Opinion

In an action to recover damages for the conversion of personal property, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Putnam County (Hickman, J.), dated March 1, 1995, as denied his motion for summary judgment dismissing the complaint and for summary judgment on his counterclaim.

Ordered that the order is affirmed insofar as appealed from, with costs.

[439]*439The defendant, as the proponent of the summary judgment motion, failed to make a prima facie showing of entitlement to judgment as a matter of law. He did not produce any evidence to support his contentions that the plaintiff’s action is barred by the Statute of Limitations and that there was an effective release and discharge (see, Zuckerman v City of New York, 49 NY2d 557, 562; Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404). Moreover, the defendant did not produce any evidence demonstrating that he is entitled to summary judgment on his counterclaim. Thus, regardless of the sufficiency of the plaintiff’s opposing papers, the Supreme Court properly denied the defendant’s motion for summary judgment (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853; Greenberg v Manlon Realty, 43 AD2d 968, 969).

We have examined the defendant’s remaining contentions and find them to be without merit. Thompson, J. P., Joy, Krausman and McGinity, JJ., concur.

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In an action to recover damages for the conversion of personal property, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Putnam County (Hickman, J.), dated March 1, 1995, as denied his motion for summary judgment dismissing the complaint and for summary judgment on his counterclaim.

Ordered that the order is affirmed insofar as appealed from, with costs.

[439]*439The defendant, as the proponent of the summary judgment motion, failed to make a prima facie showing of entitlement to judgment as a matter of law. He did not produce any evidence to support his contentions that the plaintiff’s action is barred by the Statute of Limitations and that there was an effective release and discharge (see, Zuckerman v City of New York, 49 NY2d 557, 562; Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404). Moreover, the defendant did not produce any evidence demonstrating that he is entitled to summary judgment on his counterclaim. Thus, regardless of the sufficiency of the plaintiff’s opposing papers, the Supreme Court properly denied the defendant’s motion for summary judgment (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853; Greenberg v Manlon Realty, 43 AD2d 968, 969).

We have examined the defendant’s remaining contentions and find them to be without merit. Thompson, J. P., Joy, Krausman and McGinity, JJ., concur.

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Bluebook (online)

226 A.D.2d 438, 640 N.Y.S.2d 788, 1996 N.Y. App. Div. LEXIS 3615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-v-gibson-nyappdiv-1996.

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