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BUA v. SOUTH SHORE SKATING, INC.

193 A.D.2d 774 (1993)

598 N.Y.S.2d 75

Jennifer Bua et al., Respondents, v. South Shore Skating, Inc., Doing Business as Hot Skates, et al., Appellants

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

May 24, 1993

Ordered that the order is reversed, on the law, with costs, the defendants' motion for summary judgment dismissing the complaint is granted, and the complaint is dismissed.

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]), and [it] must do so by tender of evidentiary proof in admissible form'" (

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