BERKEY v. EMMA


291 A.D.2d 517 (2002)

738 N.Y.S.2d 250

LORRAINE BERKEY et al., Respondents, v. LEONARD J. EMMA et al., Appellants, et al., Defendants.

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

Decided February 25, 2002.


Ordered that the order is affirmed, with one bill of costs.

It is well settled that "[t]he proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issue of fact * * * Failure to make such showing requires denial of the motion, regardless of the sufficiency of the opposing papers" (Winegrad v New York Univ. Med. Ctr., 64 N.Y...

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