FERBER v. STERNDENT CORP.


51 N.Y.2d 782 (1980)

Jack R. Ferber, Appellant, v. Sterndent Corporation et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 7, 1980.


Attorney(s) appearing for the Case

I. Walton Bader for appellant.

Douglas M. Kraus and Miriam L. Siroky for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

As the court below found, plaintiff failed to produce any evidence to support his claim that the idea which he disclosed to defendants was novel either in the abstract or as to them. In order to successfully oppose a motion for summary judgment, plaintiff must come forward with some admissible proof that would require a trial of the material...

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