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BRIONES v. BSC SEC. CORP.

224 A.D.2d 200 (1996)

637 N.Y.S.2d 390

Shirley Briones et al., Respondents, v. Bsc Securities Corp., Appellant and Third-Party Plaintiff-Appellant. National Cleaning Contractors, Inc., Third-Party Defendant-Respondent

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

February 6, 1996

The failure of the proponent of a motion for summary judgment to establish a prima facie entitlement to such relief requires the denial of that motion, regardless of the sufficiency of the opposing papers (Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). BSC failed to establish its entitlement to summary judgment by producing admissible proof that plaintiff's cause of action has no merit, since the admission by defendant...

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