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BALDWIN & CORNELIUS v. FORESTON DEV. CORP.

192 A.D.2d 568 (1993)

595 N.Y.S.2d 828

Baldwin & Cornelius, P. C., Appellant, v. Foreston Development Corporation, Respondent

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

April 12, 1993

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

It is axiomatic that to obtain summary judgment "`it is necessary that the movant establish [its] cause of action or defense "sufficiently to warrant the court as a matter of law in directing judgment" in [its] favor (CPLR 3212, subd [b])'" (Zuckerman v City of New York, 49 N.Y.2d 557, 562, quoting Friends of Animals v Associated Fur...

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