DIX v. PINES HOTEL, INC.


188 A.D.2d 1007 (1992)

Laura A. Dix, Respondent, v. Pines Hotel, Inc., Appellant

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

December 30, 1992


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

Memorandum:

The court erred by granting plaintiff's motion for summary judgment. On a motion for summary judgment, the proponent of the motion must set forth evidentiary proof, in admissible form, eliminating any material issue of fact from the suit (Zuckerman v City of New York, 49 N.Y.2d 557; Merkley v Palmyra-Macedon Cent. School Dist.,...

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