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HASKINS v. LOEB RHOADES & CO.

76 A.D.2d 751 (1980)

Priscilla R. Haskins, Appellant-Respondent, v. Loeb Rhoades & Co., Respondent-Appellant

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

June 3, 1980

Murphy, P. J. (dissenting).

The burden of proof in a motion for summary judgment rests upon the moving party. Evidence must be produced which eliminates material and triable issues of fact, even where the opposing papers are insufficient. (Monroe Abstract & Tit. Corp. v Giallombardo, 54 A.D.2d 1084, 1085.) The adversary's version of the facts must be accepted with respect to all points as to which there is...

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