Key Bank of Western New York v. Giunta

Full title: KEY BANK OF WESTERN NEW YORK N.A., Respondent, v. JOSEPH R. GIUNTA et al.…

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

Date published: Jul 13, 1990

163 A.D.2d 886 (N.Y. App. Div. 1990)

559 N.Y.S.2d 831

Opinion

July 13, 1990

Appeal from the Supreme Court, Erie County, McGowan, J.

Present — Doerr, J.P., Boomer, Lawton, Davis and Lowery, JJ.

Order unanimously affirmed with costs. Memorandum: Plaintiff, Key Bank of Western New York, and third-party defendants, Donald Sherris and Alfred Weber, demonstrated their entitlement to summary judgment as a matter of law (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 560-562), and defendants and third-party plaintiffs, Joseph and Xavier Giunta, have failed to show, by evidentiary proof in admissible form, facts sufficient to require a trial on any issue of fact (Zuckerman v. City of New York, supra, at 562). Consequently, summary judgment was properly granted.