Wootton v. Granite Golf Corp.

Appellate Division of the Supreme Court of New York

Wootton v. Granite Golf Corp.

302 A.D.2d 455, 753 N.Y.S.2d 752, 2003 N.Y. App. Div. LEXIS 1298

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

DecidedFebruary 10, 2003

StatusPublished

This text of 302 A.D.2d 455 (Wootton v. Granite Golf Corp.) 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

Wootton v. Granite Golf Corp., 302 A.D.2d 455, 753 N.Y.S.2d 752, 2003 N.Y. App. Div. LEXIS 1298 (N.Y. Ct. App. 2003).

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Opinion

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Austin, J.), entered September 13, 2001, which granted the motion of the defendant Incorporated Village of Sands Point, doing business as Village Club of Sands Point and the separate motion of the defendant Richard Zausner for summary judgment dismissing the complaint insofar as asserted against them, and dismissed the action insofar as asserted against those defendants.

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

A party moving for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to demonstrate the absence of a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320; Zuckerman v City of New York, 49 NY2d 557). Here, the respondents each demonstrated their entitlement to judgment as a matter of law (see Zuckerman v City of New York, supra). In opposition, the plaintiff failed to raise a triable issue of fact.

The plaintiff’s remaining contentions are without merit. Altman, J.P., Smith, McGinity and Townes, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Austin, J.), entered September 13, 2001, which granted the motion of the defendant Incorporated Village of Sands Point, doing business as Village Club of Sands Point and the separate motion of the defendant Richard Zausner for summary judgment dismissing the complaint insofar as asserted against them, and dismissed the action insofar as asserted against those defendants.

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

A party moving for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to demonstrate the absence of a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320; Zuckerman v City of New York, 49 NY2d 557). Here, the respondents each demonstrated their entitlement to judgment as a matter of law (see Zuckerman v City of New York, supra). In opposition, the plaintiff failed to raise a triable issue of fact.

The plaintiff’s remaining contentions are without merit. Altman, J.P., Smith, McGinity and Townes, JJ., concur.

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Bluebook (online)

302 A.D.2d 455, 753 N.Y.S.2d 752, 2003 N.Y. App. Div. LEXIS 1298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wootton-v-granite-golf-corp-nyappdiv-2003.

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