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HUNTINGTON CRESCENT COUNTRY CLUB v. M&M AUTO & MARINE UPHOLSTERY, INC.

256 A.D.2d 551 (1998)

682 N.Y.S.2d 876

HUNTINGTON CRESCENT COUNTRY CLUB, Respondent, v. M&M AUTO & MARINE UPHOLSTERY, INC., et al., Appellants.

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

Decided December 28, 1998.

Ordered that the order is reversed insofar as appealed from, with costs, and, upon reargument, the plaintiff's motion for summary judgment is denied.

As the party moving for summary judgment, the burden was on the plaintiff to demonstrate, through competent evidence, prima facie entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). Here, the plaintiff submitted two reports from...

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