DAVERN v. CITY OF NEW YORK


287 A.D.2d 679 (2001)

732 N.Y.S.2d 180

PEGGY A. DAVERN, Respondent, v. CITY OF NEW YORK et al., Respondents, and GRACE CONTRACTING CORPORATION, Appellant.

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

Decided October 29, 2001.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

On a motion for summary judgment, the movant must make a prima facie showing of entitlement to judgment as a matter of law, tendering evidentiary proof in admissible form sufficient to eliminate any material issues of fact from the case (see, Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851...

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