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Flintkote Co. v. Bert Bar Holding Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1985
114 A.D.2d 400 (N.Y. App. Div. 1985)

Summary

holding that affidavits opposing the motion for summary judgment that set forth "mere conclusions concerning alleged oral representations to forgo foreclosure, rather than a statement of detailed factual allegations" are insufficient to defeat a motion for summary judgment

Summary of this case from R.B. Ventures, Ltd. v. Shane

Opinion

October 15, 1985

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


Order affirmed, with costs.

The appellant's affidavits opposing the motion for summary judgment set forth mere conclusions concerning alleged oral representations to forego foreclosure, rather than a statement of detailed factual allegations which is required to defeat such a motion (see, Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 N.Y.2d 175; New York State Urban Dev. Corp. v Garvey Brownstone Houses, 98 A.D.2d 767, 771; Federal Land Bank v Azapian, 98 A.D.2d 760). We find appellant's bare and unsubstantiated assertion that plaintiff waived indefinitely its right pursuant to the mortgage to foreclose on the property insufficient to create an issue of fact which would warrant a trial. Brown, J.P., Rubin, Lawrence and Kooper, JJ., concur.


Summaries of

Flintkote Co. v. Bert Bar Holding Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1985
114 A.D.2d 400 (N.Y. App. Div. 1985)

holding that affidavits opposing the motion for summary judgment that set forth "mere conclusions concerning alleged oral representations to forgo foreclosure, rather than a statement of detailed factual allegations" are insufficient to defeat a motion for summary judgment

Summary of this case from R.B. Ventures, Ltd. v. Shane
Case details for

Flintkote Co. v. Bert Bar Holding Corp.

Case Details

Full title:FLINTKOTE COMPANY, Respondent, v. BERT BAR HOLDING CORP., Appellant, et…

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

Date published: Oct 15, 1985

Citations

114 A.D.2d 400 (N.Y. App. Div. 1985)

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