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COX v. KINGSBORO MED. GROUP

88 N.Y.2d 904 (1996)

669 N.E.2d 817

646 N.Y.S.2d 659

Winston Cox et al., Appellants, v. Kingsboro Medical Group et al., Defendants, and Brookdale Surgical Associates et al., Respondents.

Court of Appeals of the State of New York.

Decided June 11, 1996.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac and Allen H. Isaac of counsel), for appellants.

Aaronson Rappaport Feinstein & Deutsch, L. L. P., New York City (Steven C. Mandell of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

"The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case [citations omitted]" (Winegrad v New York Univ. Med. Ctr.,

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