Vermette v. Kenworth Truck Co.
Cases that cite this one
52 later published cases cite this decision. The 25 that cite it most often are listed here.
- Ayala v. V & O Press Co. (Appellate Division of the Supreme Court of New York 1987)
- Kaufman v. Starbucks Corp. (New York Supreme Court, New York County 2025)
- Shustik v. 303 W. 116 St. LLC (New York Supreme Court, New York County 2025)
- Beauvoir v. Samuel (Appellate Division of the Supreme Court of New York 2022)
- Saunders v. J.P.Z. Realty, LLC (Appellate Division of the Supreme Court of New York 2019)
- Kasack Enters., Inc. v. JTL Constr. Corp. (New York Supreme Court, New York County 2019)
- Merchants Mutual Insurance v. Quality Signs of Middletown (Appellate Division of the Supreme Court of New York 2013)
- Merchants Mutual Insurance v. Quality Signs of Middletown (Appellate Division of the Supreme Court of New York 2013)
- NCSPlus Inc. v. WBR Management Corp. (New York Supreme Court 2012)
- Jock v. Landmark Healthcare Facilities, LLC (Appellate Division of the Supreme Court of New York 2009)
- Farrugia v. North Shore University Hospital (New York Supreme Court 2006)
- JMD Holding Corp. v. Congress Financial Corp. (N.Y. 2005)
- Lobel Financial Corp. v. State (N.Y. Ct. Cl. 2005)
- Paul, Weiss, Rifkind, Wharton & Garrison v. Koons (New York Supreme Court 2004)
- Alvarado v. Dreis & Krump Mfg. Co. (New York Supreme Court, Bronx County 2004)
- Paul, Weiss, Rifkind, Wharton & v. Koons (New York Supreme Court, New York County 2004)
- Meir Fuchs v. City of New York (Appellate Division of the Supreme Court of New York 2002)
- Spencer v. Christ Church Day Care Center, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Williams v. Hannaford Bros. (Appellate Division of the Supreme Court of New York 2000)
- Sendel v. Diskin (Appellate Division of the Supreme Court of New York 2000)
- Bouchard v. Champlain Enterprises, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Maxson v. Robert Packer Hospital (Appellate Division of the Supreme Court of New York 1999)
- Troutovski v. Sitnir (Civil Court of the City of New York 1999)
- Pasquerella v. Estey Corp. (Appellate Division of the Supreme Court of New York 1998)
- Seaman v. Berman (Appellate Division of the Supreme Court of New York 1997)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and defendant Green Truck Supply’s motion for summary judgment granted. Certified question answered in the affirmative.
We agree with the dissenting memorandum of Justice John T. Casey at the Appellate Division (111 AD2d 448, 450) that in light of the evidentiary proof tendered by Green in support of its motion, plaintiff was required to tender proof in admissible form to establish the existence of a triable issue of fact. Plaintiff’s attorney’s affidavit, which merely alleges in conclusory form that such proof exists but fails to tender it in opposition to the motion or to offer an excuse for such failure, was patently insufficient for that purpose (Zuckerman v City of New York, 49 NY2d 557). Moreover, we note that plaintiff did not controvert Green’s proof that it had "no written or oral agreement * * * [with the] employer of plaintiff’s decedent * * * to provide routine or systematic maintenance on [its] vehicle”.
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur in memorandum.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.