Ordered that the order is reversed, on the law, with costs, the motion is denied, and the counterclaim is reinstated.
The party moving for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law proffering sufficient evidence demonstrating the absence of any material issue of fact (see Alvarez v Prospect Hosp.,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.