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Matter of Fisch v. Aiken

Appellate Division of the Supreme Court of New York, Second Department
Jul 20, 1998
252 A.D.2d 556 (N.Y. App. Div. 1998)

Opinion

July 20, 1998

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


Ordered that the order is affirmed, with costs.

It is well settled that in a special proceeding, where no triable issues of fact are raised, the court may make a summary determination on the pleadings and papers submitted as if a motion for summary judgment were before it (see, CPLR 409 [b]; Matter of Friends World Coll. v. Nicklin, 249 A.D.2d 393; Matter of Bahar v. Schwartzreich, 204 A.D.2d 441).

Here, the appellant's affidavit merely presents a feigned factual issue designed to avoid the consequences of the petitioner's documentary evidence (see, Glick Dolleck v. TriPac Export Corp., 22 N.Y.2d 439; Capraro v. Staten Is. Univ. Hosp., 245 A.D.2d 256; Garvin v. Rosenberg, 204 A.D.2d 388). The Supreme Court, therefore, correctly decided the petition without a hearing.

The appellant's remaining contentions are either without merit or are unpreserved for appellate review.

O'Brien, J. P., Santucci, Krausman and Goldstein, JJ., concur.


Summaries of

Matter of Fisch v. Aiken

Appellate Division of the Supreme Court of New York, Second Department
Jul 20, 1998
252 A.D.2d 556 (N.Y. App. Div. 1998)
Case details for

Matter of Fisch v. Aiken

Case Details

Full title:In the Matter of JEROME FISCH, Respondent, v. DOROTHY AIKEN, Appellant

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

Date published: Jul 20, 1998

Citations

252 A.D.2d 556 (N.Y. App. Div. 1998)
675 N.Y.S.2d 885

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