Order unanimously reversed, on the law, without costs, and motion denied.
Memorandum:
Contrary to plaintiff's contentions, the failure of the defendant to submit any opposing affidavits does not warrant the granting of summary judgment in favor of the plaintiff. The burden is always on the movant to establish his cause of action sufficiently to warrant the court to act as a matter of law (Friends of Animals v Associated Fur Mfrs.,
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