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KWI BONG YI v. JNJ SUPPLY CORP.

274 A.D.2d 453 (2000)

711 N.Y.S.2d 906

KWI BONG YI, Respondent, v. JNJ SUPPLY CORP. et al., Appellants, and DUK SIK KIM, Respondent.

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

Decided July 17, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

Where, as here, a movant has made out a prima facie case for summary judgment, the opposing party must show the existence of a triable factual issue to defeat the motion (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 N.Y.2d 557). Generally, the opposing party must make such a showing by way of evidentiary proof in admissible form (see...

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