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SMITH v. VINLAR HOLDING CORPORATION

303 A.D.2d 745 (2003)

757 N.Y.S.2d 450

TIMOTHY SMITH, Respondent, v. VINLAR HOLDING CORPORATION et al., Appellants.

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

Decided March 31, 2003.

Ordered that the order is affirmed, without costs or disbursements.

As the proponents of a motion for summary judgment, the defendants had the burden of making a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr.,

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