1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 71 A.D.2d
  5. 71 A.D.2d 416 (1979)
 

DE FREN v. RUSSELL

71 A.D.2d 416 (1979)

Burton J. De Fren, Respondent, v. Thomas J. Russell, Jr., et al., Appellants

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

December 18, 1979

Attorney(s) appearing for the Case

Conor D. Reilly of counsel (James M. Rhodes and Charles E. Bachman with him on the brief; Coudert Brothers, attorneys), for appellants.

Floran L. Fink of counsel (Stephen M. Charme with him on the brief; Robinson Silverman Pearce Aronsohn & Berman, attorneys), for respondents.

LANE, LUPIANO and ROSS, JJ., concur with MURPHY, P. J.; SILVERMAN, J., dissents in part in an opinion.

MURPHY, P. J.

On a motion for summary judgment, the court must search the proof, as proffered by affidavits or otherwise, to ascertain whether it discloses a real rather than a perfunctory issue (Schillinger v North Hills Realty Corp., 15 A.D.2d 539, 540, affd 11 N.Y.2d 1044). Plaintiff De Fren submitted his own affidavits and other...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases