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D'AQUILA BROS. CONTRACTING CO., INC. v. H. R. H. CONSTR. CORP.

35 A.D.2d 815 (1970)

D'Aquila Bros. Contracting Co., Inc., Respondent, v. H. R. H. Construction Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 9, 1970

Order reversed, on the law, with $10 costs and disbursements, and motion granted.

It is a settled principle that a defendant's motion for summary judgment, when supported by affidavits or other proof evidencing a sufficient defense and the absence of merit in the plaintiff's cause of action, will be granted where the plaintiff fails to submit any opposing papers (Pribyl v. Van Loan & Co., 261 App. Div. 503; White v. Merchants Despatch Transp. Co.

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