Greenberg v. Coronet Properties Co.
Opinion of the Court
Order of the Supreme Court, New York County (David B. Saxe, J.), entered April 4, 1990, which denied motions of defendants-appellants Coronet Properties Company et al. (Coronet) seeking summary judgment dismissing the complaint and for summary judgment on their counterclaims as well as expedited discovery to depose certain nonparties, is unanimously modified, on the law, to the extent of granting defendants’ motions for summary judgment dismissing the complaint and on their counterclaims and otherwise affirmed, with costs and disbursements payable by plaintiff, and the matter remanded to the Supreme Court for a determination of reasonable attorneys’ fees payable under the second counterclaim.
Section 2204.6 (d) of the New York City Rent and Eviction
Utilizing the same criteria herein, the proof submitted showed no indication of permanency of residence by Jennifer Greenberg at 170 Second Avenue but, in fact, revealed that Greenberg’s permanent residence was 28 East 10th Street. Here, Coronet submitted numerous documents of virtually uncontradicted proof in which plaintiff set forth her address at 28 East 10th Street, including tax returns, driver’s license, voter registration statement and her mother’s death certificate. Even portions of plaintiff’s own deposition reveal that her residency at her mother’s apartment was only temporary. Nor were the affidavits submitted by the building residents sufficient to raise an issue of fact. They were vague and conclusory and did not establish that plaintiff maintained a permanent residence, especially since one of the affiants recanted. A party opposing a motion for summary judgment must produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which would require a trial. (Zuckerman v City of New York, 49 NY2d 557, 562.) Bare allegations are insufficient to create genuine issues of fact so as to defeat such a motion. (See, e.g., Capelin Assocs. v Globe Mfg. Corp., 34 NY2d 338, 342.) Inasmuch as there was no showing by plaintiff of a bona fide issue of fact requiring a trial, the IAS court erred in denying
Case-law data current through December 31, 2025. Source: CourtListener bulk data.