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DOROS v. CITY OF NEW YORK

216 A.D.2d 196 (1995)

628 N.Y.S.2d 683

Jerrold T. Doros, Appellant, v. City of New York et al., Respondents

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

June 27, 1995

The moving party on a motion for summary judgment dismissing a cause of action must set forth a prima facie showing that the cause of action has no merit, and the motion must be denied if it fails to do so (Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). Here, the affidavit of Haruhito Matsuda, who identified himself as a vice president of defendant KG Land New York Corp., was insufficient as a matter of law to establish...

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