Resnik v. Norrell Corp.
Cases that cite this one
2 later published cases cite this decision.
- Watson v. Pascal (Appellate Division of the Supreme Court of New York 2006)
- Brancoveanu v. Brancoveanu (Appellate Division of the Supreme Court of New York 2003)
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, inter alia, to recover damages for fraud, the defendants appeal from (1) so much of an order of the Supreme Court, Westchester County (Rosato, J.), entered December 3, 1998, as denied those branches of their motion which were for summary judgment dismissing the first, third, fourth, sixth, seventh, tenth, and eleventh causes of action and (2) an order of the same court, entered June 3, 1999, as, upon reargument, adhered to its prior determination denying the defendant’s separate motion to strike the jury demand, and the plaintiff cross-appeals from so much of the order entered December 3, 1998, as granted those branches of the defendants’ motion which were for summary judgment dismissing the ninth and twelfth causes of action.
Ordered that the order entered December 3, 1998, is reversed insofar as appealed from, and those branches of the defendant’s motion which were for summary judgment dismissing the first, third, fourth, sixth, seventh, tenth, and eleventh causes of action are granted, and the complaint is dismissed in its entirety; and it is further,
Ordered that the order entered December 3, 1998, is affirmed insofar as cross-appealed from; and it is further,
Ordered that the appeal from the order entered June 3, 1999, is dismissed as academic; and it is further,
Ordered that the defendants are awarded one bill of costs.
The defendants demonstrated, by admissible evidence, their entitlement to summary judgment as a matter of law, thus shifting the burden to the plaintiff to produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial of the action (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324). The defendants’ proof made out a prima facie case that their actions were not fraudulent and that the subject contracts were legitimate. The plaintiffs’ conclusory allegations and hypotheses alleging fraud
Case-law data current through December 31, 2025. Source: CourtListener bulk data.