OLAN v. FARRELL LINES INC.


64 N.Y.2d 1092 (1985)

Ismael Olan, Appellant, v. Farrell Lines Incorporated, Respondent.

Court of Appeals of the State of New York.

Decided April 25, 1985.


Attorney(s) appearing for the Case

Paul C. Matthews and Morgan Kennedy for appellant.

Stephen K. Carr and Bernard J. Vaughn for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS and KAYE concur; Judge ALEXANDER taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in its memorandum (105 A.D.2d 653). We add only that, before considering whether plaintiff put forth sufficient proof to defeat defendant's motion for summary judgment, the issue of whether defendant established its defense must first be addressed (CPLR 3212 [b]; Zuckerman v City of...

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