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Cooper v. Milton Paper Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1999
258 A.D.2d 614 (N.Y. App. Div. 1999)

Opinion

February 22, 1999

Appeal from the order of the Supreme Court, Queens County (LaTorella, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court properly found that the defendant made a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to demonstrate the absence of any material issues of fact ( see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851; Zuckerman v. City of New York, 49 N.Y.2d 557, 562). In opposition, the plaintiff failed to produce evidentiary proof sufficient to require a trial. Bare conclusory and speculative allegations are insufficient to defeat a motion for summary judgment ( see, Maviglia v. Inapart Props. Corp., 149 A.D.2d 482). The plaintiff's belief that additional discovery might reveal something helpful to his case does not provide a basis pursuant to CPLR 3212 (f) for postponing a determination of a summary judgment motion ( see, Bryan v. City of New York, 206 A.D.2d 448; Plotkin v. Franklin, 179 A.D.2d 746).

Ritter, J. P., Sullivan, Altman and McGinity, JJ., concur.


Summaries of

Cooper v. Milton Paper Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1999
258 A.D.2d 614 (N.Y. App. Div. 1999)
Case details for

Cooper v. Milton Paper Co., Inc.

Case Details

Full title:NATHAN COOPER, Appellant, v. MILTON PAPER Co., INC., Respondent

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

Date published: Feb 22, 1999

Citations

258 A.D.2d 614 (N.Y. App. Div. 1999)
683 N.Y.S.2d 911

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