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DEROSA v. DICK ENTERPRISES, INC.

266 A.D.2d 256 (1999)

698 N.Y.S.2d 498

JANET DEROSA, Appellant, v. DICK ENTERPRISES, INC., Defendant and Third-Party Plaintiff-Appellant, and SCHLISSEL PLUMBING AND HEATING, Defendant and Third-Party Plaintiff-Respondent. MONSEY EXCAVATING, INC., Third-Party Defendant; KSW MECHANICAL SERVICES, INC., Third-Party Defendant-Respondent.

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

Decided November 8, 1999.

Ordered that the order is affirmed, with one bill of costs.

It is well settled that where, as here, a moving party has made a prima facie showing of its entitlement to summary judgment, the burden shifts to the opposing party to produce evidentiary proof in admissible form sufficient to establish the existence of a material issue of fact which requires a trial of the action (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324...

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