AYOTTE v. GERVASIO


81 N.Y.2d 1062 (1993)

619 N.E.2d 400

601 N.Y.S.2d 463

Charles Ayotte et al., Respondents, v. Francis P. Gervasio et al., Defendants, and Joseph W. Le Febvre et al., Appellants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided June 15, 1993.


Attorney(s) appearing for the Case

Saul Aronson, Albany, and Francis E. Lehner for appellants.

DeLorenzo, Gordon, Pasquariello, Weiskopf & Harding, P. C., Schenectady (Marshall P. Richer of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the negative.

"[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.Y.2d 320

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