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La Touraine Coffee Co. v. Al Deppe's Diner, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1985
109 A.D.2d 824 (N.Y. App. Div. 1985)

Opinion

March 18, 1985

Appeal from the Supreme Court, Richmond County (Goldberg, J.).


Order reversed insofar as appealed from, on the law, with costs, the aforenoted branches of plaintiff's motion for summary judgment granted as to causes of action Nos. 1 through 13 and 22, and matter remitted to Special Term for entry of an appropriate judgment which shall include attorney's fees to which plaintiff is entitled under the agreements entered into by the parties providing for attorney's fees of 15% of the sum recovered.

On this motion for summary judgment, the movant produced evidentiary facts supporting the causes of action at issue and indicating the lack of a triable issue of fact. Defendants' papers submitted in opposition contain only conclusory statements and no evidentiary facts or documents demonstrating the existence of a triable issue of fact. In the absence of such an evidentiary showing, plaintiff's motion for summary judgment must be granted to the extent indicated herein ( Indig v. Finkelstein, 23 N.Y.2d 728; Castro v. Liberty Bus Co., 79 A.D.2d 1014). Mollen, P.J., Lazer, Mangano and Rubin, JJ., concur.


Summaries of

La Touraine Coffee Co. v. Al Deppe's Diner, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1985
109 A.D.2d 824 (N.Y. App. Div. 1985)
Case details for

La Touraine Coffee Co. v. Al Deppe's Diner, Inc.

Case Details

Full title:LA TOURAINE COFFEE CO., INC., Appellant, v. AL DEPPE'S DINER, INC., et…

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

Date published: Mar 18, 1985

Citations

109 A.D.2d 824 (N.Y. App. Div. 1985)

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