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GARRETT v. UNANIMITY CONSTR., INC.

160 A.D.2d 546 (1990)

James L. Garrett, Respondent, v. Unanimity Construction, Inc., et al., Defendants, and 300 East 4 Co. et al., Appellants

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

April 19, 1990

It is the rule that on a motion for summary judgment, the moving party must sufficiently establish his cause of action, by evidentiary proof in admissible form, to warrant a directed judgment as a matter of law; unless the opposing party then demonstrates that there exist material issues of fact as would warrant a trial, summary judgment will be granted. (Zuckerman v City of New York, 49 N.Y.2d 557

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