OTIS EL v. HEGGIE CO


107 Misc.2d 67 (1980)

Otis Elevator Co., Appellant, v. Heggie Realty Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

December 9, 1980


Attorney(s) appearing for the Case

Kazlow & Kazlow (Amos Weinberg of counsel), for appellant. Peter M. McCabe and Jerome H. Berkowitz for respondent.

Concur: HUGHES, J. P. and TIERNEY, J.; RICCOBONO, J., dissents in a separate memorandum.


Per Curiam.

Order entered on January 11, 1980 is reversed, with $10 costs; plaintiff's motion for summary judgment is granted.

To obtain summary judgment, a plaintiff must establish that his cause of action warrants judgment in his favor as a matter of law (CPLR 3212, subd [b]) by submitting "evidentiary proof in admissible form". The opponent must show facts sufficient to warrant a trial of some issue of fact in order to defeat the motion (CPLR 3212...

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