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Bennett v. Superior Spring and Mfg. Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1989
147 A.D.2d 517 (N.Y. App. Div. 1989)

Opinion

February 14, 1989

Appeal from the Supreme Court, Dutchess County (Beisner, J.).


Ordered that the order is affirmed, with costs.

To successfully defeat a motion for summary judgment, the opposing party must show through evidentiary proof that a question of fact is present requiring denial of the motion (see, CPLR 3212 [b]; Bytner v Capital Newspaper, 112 A.D.2d 666, 668). The plaintiff offered an affidavit by an expert in opposition which contained only generalized, conclusory and speculative assertions insufficient to comply with this requirement. Thompson, J.P., Rubin, Spatt and Balletta, JJ., concur.


Summaries of

Bennett v. Superior Spring and Mfg. Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1989
147 A.D.2d 517 (N.Y. App. Div. 1989)
Case details for

Bennett v. Superior Spring and Mfg. Co., Inc.

Case Details

Full title:MARION S. BENNETT, as Administratrix of the Estate of RONALD W. BENNETT…

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

Date published: Feb 14, 1989

Citations

147 A.D.2d 517 (N.Y. App. Div. 1989)

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