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DeMILIA v. DeMICO BROTHERS, INC.

294 A.D.2d 264 (2002)

741 N.Y.S.2d 873

SYLVIA DeMILIA, Respondent, v. DeMICO BROTHERS, INC., Appellant, et al., Defendant.

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

Decided May 28, 2002.

Defendants, although pointing to perceived deficiencies in plaintiff's proof, failed to meet their initial burden as summary judgment movants to make out a prima facie entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562; Rothbard v Colgate Univ., 235 A.D.2d 675, 678). In any event, plaintiff responded to defendants' motion with sufficient evidence...

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