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LOWY v. BOBKER

15 A.D.3d 548 (2005)

789 N.Y.S.2d 896

RUDOLPH J. LOWY et al., Appellants, v. ELI BOBKER et al., Respondents.

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

February 22, 2005.

Ordered that the order is affirmed, with costs.

The plaintiffs failed to meet their burden of showing their entitlement to judgment as a matter of law by tendering sufficient evidence to eliminate any triable issue of fact. Since the plaintiffs' proof was insufficient, the motion for summary judgment was properly denied regardless of the sufficiency of the opposing papers (see Alvarez v Prospect Hosp., 68 N.Y.2d 320

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