Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)

Citation: Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)
Parent Document: Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)
Jurisdiction: New York (state)
Effective Date: 2022-06-29
Original Source: https://www.courtlistener.com/opinion/6620002/sapp-v-clark-wilson-inc/ ↗

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In opposition to the owners' prima facie showing, the appellants failed to raise a triable issue of fact or, contrary to their contention, demonstrate that summary judgment was premature. While our dissenting colleague concludes that "the matter is rife with material issues of fact" or that summary judgment is premature, none of the factual issues identified by the appellants, and relied upon by our dissenting colleague, are material issues of fact (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324). No matter how those factual issues are resolved, the outcome remains the same. Thus, this matter is entirely appropriate for summary disposition as a matter of law.

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