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ZUCKERMAN v. CITY OF N.Y.

49 N.Y.2d 557 (1980)

Muriel Zuckerman, Plaintiff, v. City of New York et al., Respondents, New York City Transit Authority, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 1, 1980.

Attorney(s) appearing for the Case

Kenneth J. Chertoff, Helen R. Cassidy and John A. Murray for appellant.

Allen G. Schwartz, Corporation Counsel (Bernard Abel and L. Kevin Sheridan of counsel), for City of New York, respondent.

Nathan Cyperstein and Alvin P. Bluthman for Royfost Co., Inc., respondent.

Chief Judge COOKE and Judges JASEN, WACHTLER and FUCHSBERG concur with Judge JONES; Judge MEYER concurs in a separate opinion in which Judge GABRIELLI concurs.

JONES, J.

We repeat today a precept frequently stated — where the moving party has demonstrated its entitlement to summary judgment, the party opposing the motion must demonstrate by admissible evidence the existence of a factual issue requiring a trial of the action or tender an acceptable excuse for his failure so to do, and the submission of a hearsay affirmation by counsel alone does not satisfy this...

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