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General Elec. Cap. v. Broadway Crescent

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 1994
200 A.D.2d 607 (N.Y. App. Div. 1994)

Opinion

January 18, 1994

Appeal from the Supreme Court, Queens County (Di Tucci, J.).


Ordered that the order is affirmed, with costs.

On a motion for summary judgment, the movant bears the initial burden of making a prima facie showing of its entitlement of judgment as a matter of law (see, Holtz v. Niagara Mohawk Power Corp., 147 A.D.2d 857, 858). The opposing party then must present admissible proof that would require a trial of material questions of fact (see, Ferber v. Sterndent Corp., 51 N.Y.2d 782, 783). In this case, we find that the plaintiff has demonstrated its entitlement to summary judgment and the appellant has failed to meet its burden to present admissible evidence revealing the existence of material questions of fact for trial. Specifically, the appellant has offered no proof of defamation, tortious interference with a contract, tortious interference with economic or business relations, or prima facie tort.

We have examined the appellant's remaining contentions and find them to be without merit. Bracken, J.P., Sullivan, Miller and Lawrence, JJ., concur.


Summaries of

General Elec. Cap. v. Broadway Crescent

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 1994
200 A.D.2d 607 (N.Y. App. Div. 1994)
Case details for

General Elec. Cap. v. Broadway Crescent

Case Details

Full title:GENERAL ELECTRIC CAPITAL CORPORATION, Respondent, v. BROADWAY CRESCENT…

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

Date published: Jan 18, 1994

Citations

200 A.D.2d 607 (N.Y. App. Div. 1994)
608 N.Y.S.2d 852

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