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ALBERT v. KLEIN

15 A.D.3d 509 (2005)

789 N.Y.S.2d 684

MARY LOU ALBERT, Appellant, v. BARRY H. KLEIN et al., Respondents, et al., Defendant.

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

February 22, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the plaintiff failed to demonstrate her prima facie entitlement to judgment as a matter of law, rendering the sufficiency of the opposition of the respondents Barry H. Klein and Saint-Jean Simean academic (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]; Valore v McIntosh,

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