Jones v. Brooklyn Union Gas Corp.
| Decision Date | 31 August 1987 |
| Citation | 133 A.D.2d 262,518 N.Y.S.2d 1019 |
| Parties | Mosley JONES, et al., Appellants, v. BROOKLYN UNION GAS CORP., Respondent. |
| Court | New York Supreme Court — Appellate Division |
Mosley Jones, pro se, and for appellant Marjorie Jones. Leopold, Gross, Sommers & Israel, P.C., Brooklyn (David M. Israel, on the brief), for respondent.
In an action, inter alia, to recover damages for trespass, the plaintiffs appeal from an order of the Supreme Court, Kings County (Hurowitz, J.), dated May 29, 1986, which, inter alia, granted a motion by the defendant for summary judgment dismissing the complaint. ORDERED that the order is affirmed, with costs. In support of its motion for summary judgment dismissing the complaint, the defendant sustained its initial burden of coming forward with admissible evidence to establish prima facie its entitlement to judgment as a matter of law (see, GTF Mktg. v. Colonial Aluminum Sales, 66 N.Y.2d 965, 967, 498 N.Y.S.2d 786, 489 N.E.2d 755; Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718; Hellyer v. Law Capitol, 124 A.D.2d 782, 508 N.Y.S.2d 501). Therefore, the burden shifted to the plaintiffs, and it was incumbent upon them to tender evidence in admissible form to establish the existence of a triable issue of fact (see, Vermette v. Kenworth Truck Co., 68 N.Y.2d 714, 717, 506 N.Y.S.2d 313, 497 N.E.2d 680; GTF Mktg. v. Colonial Aluminum Sales, supra, 66 N.Y.2d at 968, 498 N.Y.S.2d 786, 489 N.E.2d 755; Hellyer v. Law Capitol, supra, 124 A.D.2d at 783, 508 N.Y.S.2d 501). However, the proof presented by the plaintiffs in this case was patently insufficient to defeat the motion for summary judgment (see, Vermette v. Kenworth Truck Co., supra; Hellyer v. Law Capitol, supra).
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McCormack v. Graphic Machinery Services, Inc.
...by means of admissible evidence his prima facie entitlement to summary judgment as a matter of law ( see, Jones v. Brooklyn Union Gas Corp., 133 A.D.2d 262, 518 N.Y.S.2d 1019; see also, GTF Mktg. v. Colonial Aluminum Sales, 66 N.Y.2d 965, 967, 498 N.Y.S.2d 786, 489 N.E.2d 755; Zuckerman v. ......