Freedman v. Chemical Constr. Corp., 43 N.Y.2d 260 (1977)
A party opposing a motion for summary judgment must present admissible evidence sufficient to require a trial of material questions of fact upon which their claim rests.
Summary
Freedman sued Chemical Construction Corp. and American Totalisator Company, Inc., alleging misappropriation of his system. American Totalisator moved for summary judgment, arguing Freedman failed to provide sufficient evidence to support his claims. The Court of Appeals reversed the Appellate Division’s order regarding American Totalisator, granting summary judgment in their favor. The court held that Freedman’s motion papers lacked evidentiary proof to support his claims that American Totalisator dealt with him individually or that his system was different from publicly available knowledge. To defeat a motion for summary judgment, the plaintiff must present admissible proof requiring a trial on the material facts.
Facts
Freedman claimed that American Totalisator misappropriated his system. American Totalisator argued that they dealt with Freedman as a representative of Taller & Cooper, not individually. They also contended that Freedman’s system was not original, as it was disclosed in a 1964 patent, making it public knowledge. Freedman provided conclusory assertions but lacked evidentiary proof to support his claims.
Procedural History
The trial court’s decision is not specified in the excerpt. The Appellate Division’s order was appealed to the New York Court of Appeals. The Court of Appeals affirmed the Appellate Division’s order concerning Chemical Construction Corp. but reversed the order concerning American Totalisator Company, Inc., granting summary judgment dismissing the complaint against them.
Issue(s)
Whether Freedman presented sufficient admissible evidence in his motion papers to demonstrate a genuine issue of material fact that would preclude summary judgment in favor of American Totalisator.
Holding
No, because Freedman failed to tender admissible proof sufficient to require a trial of the material questions of fact on which he rests his claims.
Court’s Reasoning
The Court of Appeals found that Freedman’s motion papers lacked evidentiary support for his claims against American Totalisator. Freedman failed to demonstrate that American Totalisator dealt with him individually rather than as a representative of Taller & Cooper. He also failed to prove that he had a legally cognizable interest in the alleged system or that his system differed from the publicly disclosed 1964 patent. The court emphasized that opposing a motion for summary judgment requires more than conclusory assertions; it requires the tender of admissible proof that would necessitate a trial on the material facts. The court agreed with the dissenters at the Appellate Division, stating that Freedman had not met this burden. The court stated, “For plaintiff to succeed in opposing the motion for summary judgment he must come forward with a tender of admissible proof sufficient to require a trial of the material questions of fact on which he rests his claims.”