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Wilkerson v. Buonomo and Thaler

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1993
199 A.D.2d 260 (N.Y. App. Div. 1993)

Opinion

December 6, 1993

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


Ordered that the order is affirmed, with one bill of costs to the respondents Buonomo and Thaler and Robert Thaler.

To obtain summary judgment the movant must establish the cause of action or defense sufficiently to warrant the court in granting judgment as a matter of law in the movant's favor, and the movant must do so by tender of evidentiary proof in admissible form (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). The defendants sufficiently established that they were entitled to summary judgment.

The plaintiff failed to meet her burden of demonstrating the existence of a factual issue requiring a trial of the action or an acceptable excuse for her failure to do so. The plaintiff's opposing papers consisted almost entirely of conclusory statements or unsubstantiated allegations regarding legal malpractice and fraud, which did not constitute sufficient proof to defeat the motion for summary judgment (see, Zuckerman v City of New York, supra; see also, Alvord Swift v Muller Constr. Co., 46 N.Y.2d 276, 281-282).

We have examined the plaintiff's remaining contentions and find them to be without merit. We have also examined the defendants' contentions regarding the imposition of sanctions against the appellant and her attorney for bringing this appeal, and find them to be without merit. Sullivan, J.P., Lawrence, O'Brien and Santucci, JJ., concur.


Summaries of

Wilkerson v. Buonomo and Thaler

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1993
199 A.D.2d 260 (N.Y. App. Div. 1993)
Case details for

Wilkerson v. Buonomo and Thaler

Case Details

Full title:CHRISTINA L. WILKERSON, Appellant, v. BUONOMO AND THALER et al.…

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

Date published: Dec 6, 1993

Citations

199 A.D.2d 260 (N.Y. App. Div. 1993)
605 N.Y.S.2d 951

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