WERTHEIMER v. PALEY


137 A.D.2d 680 (1988)

Cindy Wertheimer et al., Respondents, v. Barry Paley, Appellant

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

February 16, 1988


Ordered that the order is affirmed, with costs.

As has been repeatedly stated: "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562; Sillman v Twentieth Century...

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