Bernstein v. Freudman

2 Citing cases

  1. Bernstein v. Freudman

    136 A.D.2d 490 (N.Y. App. Div. 1988)   Cited 14 times

    The 1978 contract also created a category of property known as joint land. Whenever any part of the joint land was sold, plaintiffs were entitled to the payment of a sum of money pursuant to a formula set forth in the contract. In Bernstein v Freudman ( 102 A.D.2d 805, affd 64 N.Y.2d 1044), this court upheld the right of the plaintiffs to receive compensation for the sale of joint land. The present controversy arises, in part, from the sale of additional joint land known as "Spells" land.

  2. Rieger v. 303 East 37 Owners Corp.

    2007 N.Y. Slip Op. 31618 (N.Y. Misc. 2007)   Cited 1 times

    While defendant, in its opposition papers, make the conclusory statement that there are questions of fact as to whether the ladder was defective or whether plaintiff may have "lost his balance," causing his own fall, these statements are entirely unsupported by evidence. See Bernstein v. Freudman, 102 A.D.2d 805, 806 (1st Dept. 1984) ("Defendants' broad and conclusory assertions are insufficient to withstand plaintiffs' motion for summary judgment") aff'd 64 N.Y.2d 1044 (1985); S. J. Capelin Associates, Inc. v. Globe Mfg. Corp., 34 N.Y.2d 338, 342 (1974) (bald, conclusory assertions, "even if believable," are insufficient to defeat summary judgment). The cases cited by defendant in support are inapposite. Robinson v. East Med. Ctr., LP, 6 N.Y.3d 550 (2006) (plaintiff does not claim defect in ladder but that ladder was not tall enough; where plaintiff voluntarily chose shorter ladder instead of taller ladder, available on the job, he was sole proximate cause of his own injury); Montgomery v. Fed, Express Corp., 4 N.Y.3d 805 (2005) (plaintiff's chose to use bucket to climb on instead of ladder and then to jump down was sole cause of his injury); Weininger v. Hagedorn Co., 91 N.Y.2d 958 (1998) (court did not specify on what grounds reasonable jury could find plaintiff was sole proximate cause of his own injury).