[Download] "Mickey Indig Et Al. v. Abel Finkelstein Et Al." by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Mickey Indig Et Al. v. Abel Finkelstein Et Al.
- Author : Court of Appeals of New York
- Release Date : January 27, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
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[23 N.Y.2d 728 Page 729] Memorandum. Defendants' motion for summary judgment is supported by affidavits, containing evidentiary facts, showing that
the verbal altercation in which the alleged slanders were uttered did not take place in the presence of others. It was then
mandatory upon plaintiffs to submit evidentiary facts or materials, by affidavit or otherwise, rebutting the prima facie showing
of no publication and demonstrating the existence of a triable issue of ultimate fact (CPLR 3212, subd. [b]; Shapiro v. Health
Ins. Plan, 7 N.Y.2d 56, 63; Steingart Assoc. v. Sandler, 28 A.D.2d 801, 802-803; Green v. Irwin, 28 A.D.2d 971). The burden
upon a party opposing a motion for summary judgment is not met merely by a repetition or incorporation by reference of the
allegations contained in pleadings or bills of particulars, verified or unverified (Siren Realty Corp. v. Biltmore Prods.
Corp., 27 A.D.2d 519* ; Twigg v. Twigg, 117 Misc. 154, affd. 202 App. Div. 729; Greenberg v. Ughetto, 17 Misc. 2d 46; cf.
O'Meara Co. v. National Park Bank, 239 N. Y. 386, 395; see 1 Bender's New York Practice, § 10.20, par. 9, pp. 684-686, and
supp. par. 14, pp. 265-268; Carmody, New York Practice [7th ed.], § 467; 6 Carmody-Wait 2d, New York Practice, § [23 N.Y.2d
728 Page 73039]