Ordered that the judgment is reversed, on the law, without costs or disbursements, the order is vacated, and the plaintiff's motion for summary judgment is denied.
It is well settled that "`[i]n a motion for summary judgment, the moving party has the burden of setting forth evidentiary facts to establish [its] cause [of action] sufficiently to entitle [it] to judgment as a matter of law [and] anything [less] requires a denial of the motion even where the opposing...
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