Guns Are We, an entity of undetermined status formerly known as Guns Are Us, Defendants. United States District Court, S.D. New York. Oct. 28, 1998. Richard Feinberg, defendant pro se.
Plaintiffs move for summary judgment.
For the reasons stated herein, plaintiffs' motion is denied in its entirety, and summary judgment is granted in favor of defendants. We Are Guns, a firearms store doing business at 15 Farm Lane, Norton, Massachusetts. The moving party bears the initial burden of showing the absence of any genuine issue of material fact, which may be met either by affirmative evidence or by pointing out a lack of evidence pertaining to an essential element of the non-moving party's claim. However, speculative and conclusory allegations by the non-movant are insufficient to prevent a summary judgment motion from being granted. When deciding a summary judgment motion, the Court is not restricted to either granting or denying the motion with respect to the moving party.