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LIQUORE v. TRI-ARC MANUFACTURING CO.

32 A.D.3d 905 (2006)

821 N.Y.S.2d 246

RONALD LIQUORE et al., Appellants, v. TRI-ARC MANUFACTURING CO., Respondent.

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

September 19, 2006.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court erred in granting the defendant's motion for summary judgment dismissing the complaint. On a motion for summary judgment, the initial burden is on the moving party to demonstrate, by admissible evidence, that there is no triable issue of material fact (see Zuckerman v City of New York, 49 N.Y.2d 557

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