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Kazakias v. Bistricer

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1992
180 A.D.2d 666 (N.Y. App. Div. 1992)

Opinion

February 10, 1992

Appeal from the Supreme Court, Kings County (Spodek, J.).


Ordered that the order and judgment is affirmed, with costs.

We find that the Supreme Court properly granted summary judgment to the plaintiff on her claim for unpaid wages and commissions (see, Labor Law § 191 [c]; § 193). Contrary to the defendants' contentions, the papers submitted by the plaintiff established her prima facie entitlement to judgment as a matter of law (see, Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851, 853). To the extent that the defendants disputed the plaintiff's assertions, their contentions were bald and conclusory in nature, and thus insufficient to create material issues of fact for trial. It is well settled that a shadowy semblance of an issue or bald, conclusory allegations, even if believable, are insufficient (see, Andre v. Pomeroy, 35 N.Y.2d 361, 364; Capelin Assocs. v. Globe Mfg. Corp., 34 N.Y.2d 338, 342; see also, Pizzi v. Bradlees Div., 172 A.D.2d 504; Assing v United Rubber Supply Co., 126 A.D.2d 590). Thompson, J.P., Harwood, Rosenblatt and Eiber, JJ., concur.


Summaries of

Kazakias v. Bistricer

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 1992
180 A.D.2d 666 (N.Y. App. Div. 1992)
Case details for

Kazakias v. Bistricer

Case Details

Full title:KLEOPATRA KAZAKIAS, Respondent, v. DAVID BISTRICER et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 10, 1992

Citations

180 A.D.2d 666 (N.Y. App. Div. 1992)

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