KOSSON v. "ALGAZE"


84 N.Y.2d 1019 (1995)

646 N.E.2d 1101

622 N.Y.S.2d 674

Harlan Kosson, Appellant, v. Joshua "Algaze" et al., Respondents.

Court of Appeals of the State of New York.

Decided January 17, 1995.


Attorney(s) appearing for the Case

Ravi Batra, New York City, for appellant.

Proskauer Rose Goetz & Mendelsohn, New York City (Edward S. Kornreich and J. Elizabeth Scherl of counsel), for respondents.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur; Chief Judge KAYE taking no part.


MEMORANDUM.

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

In order to defeat defendants' motion for summary judgment, plaintiff had the burden of showing "`"facts sufficient to require a trial of any issue of fact"'" (Zuckerman v City of New York, 49 N.Y.2d 557, 562; CPLR 3212 [b]). As applied here, plaintiff had to submit evidentiary facts that he...

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