Spallholtz v. Hampton CF Corp.
| Decision Date | 13 May 2002 |
| Citation | 294 A.D.2d 424,741 N.Y.S.2d 916 |
| Parties | MICHAEL SPALLHOLTZ et al., Respondents,<BR>v.<BR>HAMPTON C.F. CORP. et al., Respondents, and<BR>MT. HOPE ROCK PRODUCTS, INC., Appellant. (And a Third-Party Action.) |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed insofar as appealed from, with costs.
In response to the appellant's prima facie showing of entitlement to summary judgment as a matter of law, the plaintiffs produced "evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial of the action" (Alvarez v Prospect Hosp., 68 NY2d 320, 324). This proof established issues of fact regarding whether the appellant owned the subject machine. In addition, there are issues of fact, among others, as to the nature of the relationship between the appellant and the defendant New Hope Pipe Liners, Inc., and the extent to which the appellant asserted control over the subject machine.
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