WEINSTEIN v. SHAKEDOWN RECORDS, LTD.


8 A.D.3d 34 (2004)

777 N.Y.S.2d 633

EPSTEIN, LEVINSOHN, BODINE, HURWITZ & WEINSTEIN, LLP, Appellant, v. SHAKEDOWN RECORDS, LTD., et al., Respondents.

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

June 3, 2004.


Attorney Levinsohn signed the complaint verification and executed the supporting affidavit on the summary judgment motion in his capacity as a partner in the plaintiff firm, as well as in his professional capacity. Notwithstanding defendants' failure to oppose the initial motion, it was still incumbent on plaintiff to make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence in admissible form to eliminate any material issues...

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