Apodaca v. Pine Glen Development Corp.

Full title: ARMANDO APODACA, Appellant, v. PINE GLEN DEVELOPMENT CORP. et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 28, 1994

209 A.D.2d 656 (N.Y. App. Div. 1994)

619 N.Y.S.2d 671

Opinion

November 28, 1994

Appeal from the Supreme Court, Rockland County (Meehan, J.).

Ordered that the order and judgment is affirmed, without costs or disbursements.

The court did not err in granting summary judgment to the moving defendants. The mere hope by the plaintiff that he might be able to uncover some evidence during the discovery process which would demonstrate that the moving defendants could be liable was insufficient to deny summary judgment (see, Frierson v. Concourse Plaza Assocs., 189 A.D.2d 609; Jones v. Gameray, 153 A.D.2d 550). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.