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SARYIAN SR. v. RAMANA, INC.

305 A.D.2d 400 (2003)

758 N.Y.S.2d 498

PAUL SARYIAN, SR., Respondent, v. RAMANA, INC., et al., Appellants.

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

Decided May 5, 2003.

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

As a general rule, a party does not sustain its burden in moving for summary judgment by pointing to gaps in its opponent's proof, but rather, must affirmatively demonstrate the merit of its claim or defense (see Dalton v Educational Testing Serv., 294 A.D.2d 462 [2002]; Russell v Kraft, Inc., 284 A.D.2d 386 [2001]; Pace...

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