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SANTANASTASIO v. DOE

301 A.D.2d 511 (2003)

753 N.Y.S.2d 122

STEVEN SANTANASTASIO, Respondent, v. JOHN DOE, Defendant, and T.I. TRANSPORT, INC., Appellant.

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

Decided January 13, 2003.

Ordered that the order is affirmed, with costs.

The 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 from the case, and such showing must be made by producing evidentiary proof in admissible form (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853; Zuckerman v City of New York...

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