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LEON v. MONTANO

119 A.D.2d 553 (1986)

Deanna Leon et al., Respondents, v. Donato Montano et al., Defendants, and Newport Hotel, Inc., Appellant

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

April 7, 1986

Order affirmed, with costs.

It has been consistently held that to obtain summary judgment it is necessary that the movant establish its cause of action or defense sufficiently to warrant the court to direct judgment in its favor as a matter of law (CPLR 3212 [b]; Spearmon v Times Sq. Stores Corp., 96 A.D.2d 552). The record here reveals unresolved questions of fact with respect to, for example, whether or not the defendant...

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