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BENDIK v. DYBOWSKI

227 A.D.2d 228 (1996)

642 N.Y.S.2d 284

Patricia A. Bendik et al., Respondents, v. Krzystztof Dybowski et al., Respondents, and Bushart Khan et al., Appellants, et al., Defendant

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

May 16, 1996

It is well-settled that on a motion for summary judgment, the moving party has the initial burden of demonstrating, by admissible evidence, its right to judgment. The burden then shifts to the opposing party, who must proffer evidence in admissible form establishing that an issue of fact exists warranting a trial (Zuckerman v City of New York, 49 N.Y.2d 557, 562; GTF Mktg. v Colonial Aluminum Sales, 66 N.Y...

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