FLANEL v. ITALIAN ICES


266 A.D.2d 505 (1999)

698 N.Y.S.2d 711

DAVID FLANEL et al., Appellants, et al., Plaintiff, v. MAGLIONE ITALIAN ICES et al., Respondents, et al., Defendants.

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

Decided November 29, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for a trial on the issue of damages.

Once the proponent of a motion for summary judgment makes a prima facie showing of entitlement to judgment as a matter of law, the burden shifts to the parties opposing the motion to rebut the movant's case by presenting evidentiary facts in admissible form sufficient to require a trial...

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