GIRALDO MAFIA v. CREEKVIEW HOMES, LTD.


39 A.D.3d 498 (2007)

834 N.Y.S.2d 236

JOSE GIRALDO MAFIA et al., Appellants, v. CREEKVIEW HOMES, LTD., et al., Respondents. (And a Third-Party Action.)

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

Decided April 3, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and that branch of the motion of the defendant Creekview Homes, Ltd., which was for summary judgment dismissing the complaint insofar as asserted against it is denied.

The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case...

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