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FABBRICATORE, JR. v. LINDENHURST UNION FREE SCHOOL DISTRICT

259 A.D.2d 659 (1999)

686 N.Y.S.2d 822

JOHN E. FABBRICATORE, JR., an Infant, by His Father and Natural Guardian, JOHN FABBRICATORE, et al., Respondents, v. LINDENHURST UNION FREE SCHOOL DISTRICT, Appellant, et al., Defendants.

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

Decided March 22, 1999.

Ordered that the order is affirmed, with costs.

On a motion for summary judgment, the movant initially bears the burden of setting forth evidentiary facts sufficient to entitle that party to judgment as a matter of law. Only then does the burden shift to the opposing party to come forward with proof (see, Piccolo v De Carlo, 90 A.D.2d 609). Where, as here, the moving papers are insufficient, there is no necessity for an opposing...

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