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OSBORN v. CASSIDY

119 A.D.2d 976 (1986)

James Osborn et al., Respondents, v. Wyatt Cassidy et al., Respondents. (Action No. 1.) Robert Fleck et al., Respondents, v. Wyatt Cassidy et al., Respondents. (Action No. 2) Town of Hume, Third-Party Plaintiff-Respondent, v. County of Allegany, Third-Party Defendant-Appellant. (Action No. 3.)

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

April 4, 1986

Order unanimously reversed, on the law, without costs, and motion granted.

Memorandum:

Special Term erred in denying the county's motion for summary judgment. To defeat a motion for summary judgment the opposing party must produce evidentiary proof in admissible form sufficient to require a trial of any material issue of fact on which he rests his claim (Zuckerman v City of New York, 49 N.Y.2d 557). The county, as...

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