PRIMEAU v. NATIONWIDE INS. CO.


167 A.D.2d 941 (1990)

Daniel F. Primeau, IV, et al., Respondents, v. Nationwide Insurance Company, Appellant. (Appeal No. 2.)

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

November 16, 1990


Judgment unanimously reversed on the law without costs and motion denied.

Memorandum:

The proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, by "tendering sufficient evidence to eliminate any material issues of fact from the case" (Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851, 853; see also, GTF Mktg. v Colonial Aluminum Sales...

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