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LINDSAY v. POTTER

163 A.D.2d 870 (1990)

Douglas J. Lindsay et al., Plaintiffs, v. Steven I. Potter, Defendant Douglas J. Lindsay et al., Appellants, v. William F. Cane, Doing Business as Lexington Avenue Inn, Respondent

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

July 13, 1990

Order and judgment unanimously reversed on the law with costs and motion denied.

Memorandum:

Summary judgment was improperly granted to defendant Cane, doing business as Lexington Avenue Inn. To prevail on a motion for summary judgment, defendant must establish his defense "sufficiently to warrant the court as a matter of law in directing judgment" in his favor (CPLR 3212 [b]; Iselin & Co. v Mann Judd Landau, 71 N.Y.2d 420

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