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Richmond Tec. Services, Inc. v. Joseph Regina

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1998
248 A.D.2d 367 (N.Y. App. Div. 1998)

Opinion

March 2, 1998

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


Ordered that the order is affirmed, with costs.

It is well settled that a motion for summary judgment should not be granted when the opponent has produced sufficient evidence of a triable issue of fact (see, Zuckerman v. City of New York, 49 N.Y.2d 557; Heath v. Soloff Constr., 107 A.D.2d 507). Here, after the appellant contractor made out a prima facie case for summary judgment, the plaintiff subcontractor met its burden of demonstrating, by evidentiary proof in admissible form, that there were material issues of fact regarding the extent of the work which the plaintiff agreed to perform for the appellant. Accordingly, the Supreme Court properly denied the appellant's motion for summary judgment (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, supra).

Bracken, J. P., Santucci, Goldstein and McGinity, JJ., concur.


Summaries of

Richmond Tec. Services, Inc. v. Joseph Regina

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1998
248 A.D.2d 367 (N.Y. App. Div. 1998)
Case details for

Richmond Tec. Services, Inc. v. Joseph Regina

Case Details

Full title:RICHMOND TECHNICAL SERVICES, INC., Respondent, v. JOSEPH REGINA, INC.…

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

Date published: Mar 2, 1998

Citations

248 A.D.2d 367 (N.Y. App. Div. 1998)
669 N.Y.S.2d 842

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