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HANSEL'N GRETEL BRAND, INC. v. ALLSTATES FOOD CORP.

86 A.D.2d 858 (1982)

Hansel'n Gretel Brand, Inc., Appellant, v. Allstates Food Corp., Doing Business as Nationwide Distributors et al., Respondents

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

February 16, 1982

Order reversed insofar as appealed from, on the law, with one bill of $50 costs and disbursements, and plaintiff's motion granted.

Defendants failed to oppose the motion for summary judgment with evidence sufficient to raise a triable issue of fact. Bald conclusory assertions are not enough to defeat a motion for summary judgment even if believable; it is essential that defendants disclose their proof in evidentiary form...

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