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KATZ v. PRO FORM FITNESS, INC.

3 A.D.3d 474 (2004)

769 N.Y.S.2d 903

JENNIFER KATZ, Respondent, v. PRO FORM FITNESS, INC., et al., Appellants.

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

January 12, 2004.

Ordered that the order is affirmed, with costs.

The defendants, as the parties moving for summary judgment, had the burden of establishing, prima facie, their entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). This burden is not met merely by citing gaps in the plaintiff's case (see Saryian v Ramana, 305 A.D.2d 400 [2003...

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