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DAT v. CITY OF NEW YORK

271 A.D.2d 635 (2000)

707 N.Y.S.2d 347

GANESH DAT et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided April 24, 2000.

Ordered that the order is affirmed, with costs.

It is well settled that a party seeking summary judgment pursuant to CPLR 3212 has the burden of establishing entitlement to judgment as a matter of law by coming forward with evidentiary proof, in admissible form, demonstrating the absence of any disputed material facts (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324; Zuckerman v City of New York,

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