FOX v. WYETH LABS., INC.


129 A.D.2d 611 (1987)

Catherine Fox, Respondent, v. Wyeth Laboratories, Inc., et al., Appellants, et al., Defendants

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

April 13, 1987


Ordered that the order is affirmed, with costs.

The proponent of a motion for summary judgment is required to make a prima facie showing of entitlement to judgment, as a matter of law, offering sufficient evidence to eliminate any material issues of fact from the case. The failure to make such a showing requires the denial of the motion, regardless of the insufficiency of the opposing papers (see, Winegrad v New York Univ. Med. Center,

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