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SAFEGUARD INSURANCE COMPANY v. E. TETZ & SONS, INC.

271 A.D.2d 516 (2000)

706 N.Y.S.2d 351

SAFEGUARD INSURANCE COMPANY, Appellant, v. E. TETZ & SONS, INC., Respondent. (And a Third-Party Action.)

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

Decided April 10, 2000.

Ordered that the order is affirmed, with costs.

The proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, and the failure to sustain this initial burden requires denial of the motion, regardless of the sufficiency of the opposing papers (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320; Zuckerman v City of New York, 49 N.Y.2d 557

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