D.L. BRENNER & SONS, INC. v. QUAKER STATE OIL REF. CORP.


190 A.D.2d 774 (1993)

D.L. Brenner & Sons, Inc., Appellant, v. Quaker State Oil Refining Corporation, Respondent

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

February 16, 1993


Ordered that the order is affirmed, with costs.

In a motion for summary judgment the movant "bears the initial burden of making a prima facie showing of its entitlement to judgment as a matter of law" (Holtz v Niagara Mohawk Power Corp., 147 A.D.2d 857, 858). The opposing party then must present some admissible proof that would require a trial of material questions of fact (

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