Saryian v. Ramana, Inc.

Appellate Division of the Supreme Court of New York

Saryian v. Ramana, Inc.

305 A.D.2d 400, 758 N.Y.S.2d 498

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

DecidedMay 5, 2003

StatusPublished

Cited by2 cases

This text of 305 A.D.2d 400 (Saryian v. Ramana, 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.

Bluebook

Saryian v. Ramana, Inc., 305 A.D.2d 400, 758 N.Y.S.2d 498 (N.Y. Ct. App. 2003).

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Opinion

In an action to recover damages for personal injuries, the defendants Ramana, Inc., and Paul Saryian separately appeal from an order of the Supreme Court, Richmond County (Gigante, J.), dated June 10, 2002, which denied their respective motions for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with one bill of costs.

As a general rule, a party does not sustain its burden in moving for summary judgment by pointing to gaps in its opponent’s proof, but rather, must affirmatively demonstrate the merit of its claim or defense (see Dalton v Educational Testing Serv., 294 AD2d 462 [2002]; Russell v Kraft, Inc., 284 AD2d 386 [2001]; Pace v International Bus. Mach. Corp., 248 AD2d 690, 691 [1998]). The defendants failed to meet their burden herein (cf. Tiano v Nick’s Lobster & Seafood Rest. & Clam Bar, 300 AD2d 469 [2002]).

The defendants’ remaining contentions are without merit. Altman, J.P., Krausman, Goldstein and Cozier, JJ., concur.

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In an action to recover damages for personal injuries, the defendants Ramana, Inc., and Paul Saryian separately appeal from an order of the Supreme Court, Richmond County (Gigante, J.), dated June 10, 2002, which denied their respective motions for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with one bill of costs.

As a general rule, a party does not sustain its burden in moving for summary judgment by pointing to gaps in its opponent’s proof, but rather, must affirmatively demonstrate the merit of its claim or defense (see Dalton v Educational Testing Serv., 294 AD2d 462 [2002]; Russell v Kraft, Inc., 284 AD2d 386 [2001]; Pace v International Bus. Mach. Corp., 248 AD2d 690, 691 [1998]). The defendants failed to meet their burden herein (cf. Tiano v Nick’s Lobster & Seafood Rest. & Clam Bar, 300 AD2d 469 [2002]).

The defendants’ remaining contentions are without merit. Altman, J.P., Krausman, Goldstein and Cozier, JJ., concur.

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Bluebook (online)

305 A.D.2d 400, 758 N.Y.S.2d 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saryian-v-ramana-inc-nyappdiv-2003.

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