CADLE COMPANY v. GREGORY


293 A.D.2d 335 (2002)

739 N.Y.S.2d 825

CADLE COMPANY, Appellant, v. ANITA GREGORY, Respondent.

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

Decided April 11, 2002.


Plaintiff's predecessor's papers in support of the motion did not include evidentiary proof in admissible form sufficient to satisfy its initial burden of establishing the amount due, and thus the motion was properly denied regardless of the sufficiency of defendant's opposing papers (see, Agway, Inc. v North Clymer Farm Serv., 291 A.D.2d 818, 820, citing, inter alia, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324). Specifically...

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