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CERBONE v. RANDO

236 A.D.2d 354 (1997)

654 N.Y.S.2d 324

Andrew Cerbone, Respondent, v. Giuseppe Rando et al., Respondents, and U.S. Healthcare, Appellant

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

February 3, 1997

Ordered that the order is affirmed, with costs.

The burden on a motion for summary judgment is on the movant to tender sufficient evidence to eliminate all material issues of fact (see, Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851). Since U.S. Healthcare failed to do so, its motion for summary judgment was properly denied with leave to renew upon the completion of discovery.

The appellant's remaining...

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