CUDNEY v. BP OIL, INC.


96 A.D.2d 879 (1983)

Max Cudney, Respondent, v. BP Oil, Inc., Appellant

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

August 15, 1983


Order reversed, on the law, with costs, motion granted and complaint dismissed.

Defendant's motion for summary judgment was based upon its contention that it was not responsible for plaintiff's alleged arrest and subsequent prosecution. Plaintiff's opposing affidavit failed to present any evidentiary proof demonstrating the existence of a genuine triable issue of fact with regard to defendant's liability. Accordingly, defendant's motion for summary judgment should...

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