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COLBOURN v. ISS INTERNATIONAL SERVICE SYSTEMS, INC.

304 A.D.2d 369 (2003)

757 N.Y.S.2d 291

ANDREA COLBOURN, Respondent, v. ISS INTERNATIONAL SERVICE SYSTEMS, INC., et al., Appellants.

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

Decided April 8, 2003.

Defendant's failure to produce its contract with the premises owner constitutes a defect in its prima facie showing requiring denial of its motion for summary judgment regardless of the sufficiency of plaintiff's opposing papers (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). Without a copy of that contract in the record, or other proof of its terms, it cannot be determined whether plaintiff, an employee of...

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