Friday, October 21, 2016

The correct standard on a summary judgment motion.

Practice point:  The Appellate Division affirmed that the motion court had applied the correct standard in denying defendant's motion, as defendant merely pointed to perceived gaps in plaintiff's proof, rather than submitting evidence showing why plaintiff's claims fail.

Case:  Ricci v. A.O. Smith Water Prods. Co., NY Slip Op 06741 (1st Dep't October 13, 2016)

Here is the decision.

Monday's issue:  An elevator company's duty of care.