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O'Hara v. Merritt

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1995
212 A.D.2d 763 (N.Y. App. Div. 1995)

Opinion

February 27, 1995

Appeal from the Supreme Court, Suffolk County (Doyle, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

We agree that the defendants failed to proffer sufficient evidence demonstrating that no material issues of fact exist warranting summary judgment in their favor (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320; River Park Assocs. v. Meyerbank Elec. Co., 116 A.D.2d 709). "Failure to make such showing requires [a] denial of the motion, regardless of the sufficiency of the opposing papers" (Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853; Sillman v. Twentieth Century-Fox Film Corp., 3 N.Y.2d 395; Museums at Stony Brook v. Village of Patchogue Fire Dept., 146 A.D.2d 572). Ritter, J.P., Copertino, Joy and Hart, JJ., concur.


Summaries of

O'Hara v. Merritt

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1995
212 A.D.2d 763 (N.Y. App. Div. 1995)
Case details for

O'Hara v. Merritt

Case Details

Full title:BARNEY O'HARA et al., Respondents, v. RAYMOND W. MERRITT et al., Appellants

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

Date published: Feb 27, 1995

Citations

212 A.D.2d 763 (N.Y. App. Div. 1995)
624 N.Y.S.2d 860