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LEO v. GUGLIOTTA

212 A.D.2d 761 (1995)

624 N.Y.S.2d 856

Charles A. Leo et al., Plaintiffs, v. Maria M. Gugliotta et al., Defendants. (Action No. 1.) Lori Davis et al., Appellants, v. Maria M. Gugliotta et al., Defendants, and Hildegarde Thompson, Respondent. (Action No. 2.) (And Two Other Actions.)

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

February 27, 1995

Ordered that the order is affirmed insofar as appealed from, with costs.

To grant summary judgment, it must clearly appear that no material, triable issue of fact is presented (Daliendo v Johnson, 147 A.D.2d 312). The summary judgment movant must establish his or her cause of action or defense sufficiently to warrant a court's granting judgment in its favor as a matter of law. On the other hand, the opposing party must produce...

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