PUNTINO v. CHIN


288 A.D.2d 202 (2001)

733 N.Y.S.2d 108

JOHN PUNTINO, Respondent, v. PETER CHIN, Appellant.

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

Decided November 5, 2001.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment in the first instance based upon the plaintiff's failure, after the defendant made out a prima facie case for summary judgment, to submit evidentiary proof in admissible form sufficient to raise a triable issue of fact (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). Specifically, the plaintiff...

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