AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

STEFANIA KALUGA, et al., respondents, v. MICHAEL KORYTOWSKY, et al., appellants.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

On a motion for summary judgment, the movant initially bears the burden of setting forth evidentiary facts sufficient to entitle that party to judgment as a matter of law. Only then does the burden shift to the opposing party to come forward with proof sufficient to raise a triable issue of fact (see, Fabbricatore v. Lindenhurst Union Free School Dist., 259 A.D.2d 660 ).

The defendants' expert submissions offered conclusory opinions without any factual support. Where an expert states his conclusion without reliance on any facts or data, his testimony should be given no probative force whatsoever (see, Amatulli v. Delhi Constr. Corp., 77 N.Y.2d 525, 533 ). Since the defendants' moving papers were insufficient to entitle them to summary judgment, there was no necessity for the plaintiffs to respond with evidentiary proof (see, Fabbricatore v. Lindenhurst Union Free School Dist., supra). Accordingly, the Supreme Court did not err in denying the defendants' motion for summary judgment.

Use AI to get other relevant cases.

Comments

KALUGA v. KORYTOWSKY
(Feb 28, 2000)