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FIORILLA v. COUNTY OF PUTNAM

1 A.D.3d 475 (2003)

767 N.Y.S.2d 281

JOHN L. FIORILLA, Appellant, v. COUNTY OF PUTNAM, Respondent.

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

November 17, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant established its entitlement to judgment as a matter of law, thereby shifting the burden to the plaintiff to submit admissible evidence raising a triable issue of fact (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]). In opposition to the motion, the plaintiff failed to come forward with evidence to raise a triable issue of...

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