Order and judgment unanimously reversed on the law with costs, motion denied and complaint reinstated.
Memorandum:
Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. The proponent of a motion for summary judgment has the burden to "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" (Winegrad v New York...
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