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HIGEN ASSOCS. v. SERGE ELEVATOR CO., INC.

190 A.D.2d 712 (1993)

Higen Associates et al., Respondents, v. Serge Elevator Co., Inc., Appellant

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

February 8, 1993

Ordered that the order is affirmed insofar as appealed from, with costs.

"The 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 eliminate any material issues of fact from the case * * * Failure to make such showing requires denial of the motion, regardless of the sufficiency of the opposing papers" (Winegrad v New York...

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