KNOPFF v. JOHNSON


29 A.D.3d 741 (2006)

815 N.Y.S.2d 242

SOL KNOPFF, Appellant, v. HUGH JOHNSON, Respondent.

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

May 16, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was for summary judgment dismissing the complaint is denied, and the complaint is reinstated.

The proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law by offering sufficient evidence to remove any triable issues of fact (see Alvarez v Prospect Hosp.,

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