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JONES v. ALLSTATE INS. CO.

203 A.D.2d 250 (1994)

612 N.Y.S.2d 888

Paul Jones, by His Guardian ad Litem, Virginia Jones, Appellant, v. Allstate Insurance Company, Respondent

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

April 4, 1994

Ordered that the order is affirmed, with costs.

It is well settled that the summary judgment movant must establish his or her defense or cause of action sufficiently to warrant a court's grant of summary judgment in his or her favor. The party opposing the motion must then produce evidentiary proof in admissable form sufficient to require a trial of material issues of fact (see, Frank Corp. v Federal Ins. Co., 70 N.Y.2d 966

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