TAUB v. BALKANY


286 A.D.2d 491 (2001)

729 N.Y.S.2d 641

AVI TAUB, Appellant, v. MILTON BALKANY, Also Known as YEHOSHUAH BALKANY, et al., Respondents.

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

Decided August 27, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The moving party on a motion for summary judgment must establish a prima facie case of its entitlement to judgment as a matter of law by tendering evidentiary proof in admissible form which demonstrates the absence of any triable issue of fact (see, CPLR 3212 [b]; Alvarez v Prospect Hosp., 68 N.Y.2d 320

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