Silberman v. Antar
Cases that cite this one
7 later published cases cite this decision.
- Matter of Lindo v. Ponte (Appellate Division of the Supreme Court of New York 2017)
- SALETTA, JEREMY v. VECERE, JESSICA LYNN (Appellate Division of the Supreme Court of New York 2016)
- Saletta v. Vecere (Appellate Division of the Supreme Court of New York 2016)
- Saletta v. Vecere (Appellate Division of the Supreme Court of New York 2016)
- Bank of New York v. Castillo (Appellate Division of the Supreme Court of New York 2014)
- In re the Estate of Malone (Appellate Division of the Supreme Court of New York 2007)
- In re Simone D. (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Kings County (Huttner, J.), dated October 10, 1995, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the defendants’ motion is denied, and the complaint is reinstated.
The defendants failed to prove their entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 NY2d 557). The court improperly gave great weight to its own knowledge, based oil personal observation of certain facts. This consideration of facts outside of the record, absent the parties’ consent, constituted error (see, Sam & Mary Nous. Corp. v Jo/ Sal Mkt. Corp., 100 AD2d 901, affd 64 NY2d 1107; People v Dow, 3 AD2d 979; Prince, Richardson on Evidence § 2-205 [Farrell 11th ed]).
The plaintiff’s remaining contentions lack merit. Copertino, J. P., Sullivan, Pizzuto and Krausman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.