56 N.Y.2d at 780 cited at this page1 citing case
- Gurbanova v. City of Ithaca, 2025 NY Slip Op 00252 (N.Y. App. Div. 3d Dep't 2025).To sustain their prima facie burden on a motion for summary judgment dismissing a complaint, defendants are obligated to address the specific allegations in the complaint ( see Trepuk v Frank , 56 NY2d 779, 780 [1982]; Wiater v Lewis , 197…
v.
Norman D. Frank, Individually and as of Joseph Steinhardt
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, and defendant’s motion for summary judgment denied for the reasons stated in the dissenting memorandum of Justice Harold Birns at the Appellate Division (86 AD2d 578, 579).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.