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Miracle Plywood Corp. v. Nepperhan Realty

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1991
171 A.D.2d 847 (N.Y. App. Div. 1991)

Opinion

March 25, 1991

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


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

It is well settled that in order to successfully resist a motion for summary judgment, the opposing party must produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). The defendants' papers in opposition, including evidentiary attachments, sufficiently demonstrate the existence of a triable issue of fact as to which of the defendants was responsible for heating certain premises and whether a negligent failure to do so caused damage to the plaintiffs (see, Zuckerman v City of New York, supra, at 563; MTB Computer Corp. v Chase Manhattan Bank, 135 A.D.2d 616).

We have examined the plaintiffs' remaining contentions and find them to be without merit. Bracken, J.P., Kunzeman, Kooper and Harwood, JJ., concur.


Summaries of

Miracle Plywood Corp. v. Nepperhan Realty

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1991
171 A.D.2d 847 (N.Y. App. Div. 1991)
Case details for

Miracle Plywood Corp. v. Nepperhan Realty

Case Details

Full title:MIRACLE PLYWOOD CORPORATION et al., Appellants, v. NEPPERHAN REALTY…

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

Date published: Mar 25, 1991

Citations

171 A.D.2d 847 (N.Y. App. Div. 1991)
567 N.Y.S.2d 534

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