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KELMAN v. NEW YORK EYE AND EAR INFIRMARY

300 A.D.2d 448 (2002)

751 N.Y.S.2d 422

DMITRIY KELMAN, Appellant, v. NEW YORK EYE AND EAR INFIRMARY et al., Respondents.

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

Decided December 16, 2002.

Ordered that the judgment is affirmed; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendants.

The defendants, in support of their motions for summary judgment, each made a prima facie showing of entitlement to judgment as a matter of law, thereby shifting the burden to submit evidentiary facts sufficient to demonstrate the existence of a triable...

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