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STOEHR v. LEVERE

183 A.D.2d 886 (1992)

Bernard H. Stoehr, Appellant, v. Herbert M. Levere, Respondent

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

May 26, 1992

Ordered that the order is affirmed insofar as appealed from, with costs.

Summary judgment will not be granted where a movant has not established a prima facie entitlement thereto (Carrini v Supermarkets Gen. Corp., 158 A.D.2d 303). Where questions of fact are evident, summary judgment is inappropriate (CPLR 3212 [b]; Museums at Stony Brook v Village of Patchogue Fire Dept., 146 A.D.2d 572

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