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SCANLON v. LONG BEACH PUB. SCH.

197 A.D.2d 567 (1993)

602 N.Y.S.2d 640

Ellen Scanlon, Respondent, v. Long Beach Public Schools et al., Defendants, and William J. Mallahan et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 12, 1993

Ordered that the order is affirmed, with costs.

To defeat a motion for summary judgment, the opposing party must show facts sufficient to require a trial and must make that showing by evidentiary proof in admissible form (see, Friends of Animals v Associated Fur Mfrs., 46 N.Y.2d 1065, 1067; Spearmon v Times Sq. Stores Corp., 96 A.D.2d 552). That the plaintiff Ellen Scanlon...

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