CICCATELLO v. TOPS FRIENDLY MKTS., INC.


186 A.D.2d 1091 (1992)

Betty Ciccatello, Appellant, v. Tops Friendly Markets, Inc., et al., Respondents

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

October 7, 1992


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

Memorandum:

Supreme Court erred in granting defendant's motion for summary judgment. "A defendant moving for summary judgment has the initial burden of coming forward with admissible evidence, such as affidavits by persons having knowledge of the facts, reciting the material facts and showing that the cause of action has no merit (CPLR 3212 [b]; Zuckerman v City of...

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