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VIDALS v. REYES

300 A.D.2d 300 (2002)

750 N.Y.S.2d 769

CRISTOBAL VIDALS, Appellant, et al., Plaintiffs, v. SARAH REYES, Respondent.

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

Decided December 2, 2002.

Ordered that the order is affirmed, with costs.

The appellant failed to sustain his burden of establishing entitlement to judgment as a matter of law (see Zuckerman v City of New York, 49 N.Y.2d 557). Therefore, his motion for summary judgment was properly denied, regardless of the sufficiency of the defendant's opposing papers (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851

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