Bhatti v. Roche
| Decision Date | 31 May 1988 |
| Citation | 528 N.Y.S.2d 1020,140 A.D.2d 660 |
| Parties | Dharam S. BHATTI, Respondent, v. Bonnie A. ROCHE, et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
MacKenna, Coulter & Polhemus, Poughkeepsie (Margaret Maroulis, of counsel), for appellants.Kathleen M. Valletta, Mahopac, for respondent.
In an action, inter alia, to rescind a contract for the conveyance of real property on the ground of fraud, the defendants-sellers appeal from an order of the Supreme Court, Dutchess County(Beisner, J.), dated September 14, 1987, which denied their motion for summary judgment dismissing the complaint.ORDERED that the order is affirmed, with costs."Summary judgment is a drastic remedy which should not be granted where there is any doubt about the existence of a triable issue of fact"( Sherman v. Town of Rhinebeck, 133 A.D.2d 77, 78, 518 N.Y.S.2d 424).The Supreme Court properly denied the defendants' motion for...
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4 cases
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Etienne v. Rowe
...68 N.Y.2d 320, 508 N.Y.S.2d 923 (1986); Zuckerman v. City of New York, 49 N.Y.2d 557, 427 N.Y.S.2d 595 (1980); Bhatti v. Roche, 140 A.D.2d 660, 528 N.Y.S.2d 1020 (2d Dept. 1988). To obtain summary judgment, the moving party must establish its claim or defense by tendering sufficient evident......
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Livingston Farms, LLC v. Klein's Kill Fruit Farms Corp.
...68 N.Y.2d 320, 508 N.Y.S.2d 923 (1986); Zuckerman v. City of New York, 49 N.Y.2d 557, 427 N.Y.S.2d 595 (1980); Bhatti v. Roche, 140 A.D.2d 660, 528 N.Y.S.2d 1020 (2d Dept. 1988). It is nevertheless an appropriate tool to weed out meritless claims. Lewis v. Desmond, 187 A.D.2d 797, 589 N.Y.S......
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TD Bank, N.A. v. Certified Land Abstract, Inc., 2010 NY Slip Op 31423(U) (N.Y. Sup. Ct. 5/24/2010)
...68 N.Y.2d 320, 508 N.Y.S.2d 923 (1986); Zuckerman v. City of New York, 49 N.Y.2d 557, 427 N.Y.S.2d 595 (1980); Bhatti v. Roche, 140 A.D.2d 660, 528 N.Y.S.2d 1020 (2d Dept. 1988). Once the plaintiff has established its case, the burden shifts to the defendant to assert any viable defenses th......
- Barbera v. DeRostaing