PIZZUTO v. POSS


198 A.D.2d 910 (1993)

605 N.Y.S.2d 721

Barbara A. Pizzuto, Appellant, v. Steven B. Poss, as Administrator of The Estate of Bernice L. Poss, Deceased, et al., Defendants, and County of Erie, Respondent. (Appeal No. 1.)

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

November 19, 1993


Order insofar as appealed from unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting summary judgment to defendants. "[T]he proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact" (Alvarez v Prospect Hosp., 68 N...

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