HEMINGWAY v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION


13 A.D.3d 484 (2004)

785 N.Y.S.2d 86

ERNEST HEMINGWAY et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents.

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

December 20, 2004.


Ordered that the order is affirmed, with costs.

The Supreme Court correctly granted the defendants' separate motions for summary judgment dismissing the complaint insofar as asserted against them. A party moving for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to demonstrate the absence of any triable issue of fact (see Alvarez v Prospect Hosp., 68 N.Y.2d 320

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