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WILKERSON v. BUONOMO & THALER

199 A.D.2d 260 (1993)

605 N.Y.S.2d 951

Christina L. Wilkerson, Appellant, v. Buonomo and Thaler et al., Respondents

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

December 6, 1993

Ordered that the order is affirmed, with one bill of costs to the respondents Buonomo and Thaler and Robert Thaler.

To obtain summary judgment the movant must establish the cause of action or defense sufficiently to warrant the court in granting judgment as a matter of law in the movant's favor, and the movant must do so by tender of evidentiary proof in admissible form (see, Zuckerman v City of New York, 49 N.Y.2d 557

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