SCHWARTZ v. FARKAS MILTZ


37 A.D.3d 816 (2007)

829 N.Y.S.2d 921

WALTER SCHWARTZ, Respondent, v. MICHELE FARKAS MILTZ, Appellant.

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

Decided February 27, 2007.


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

That branch of the defendant's motion which was for summary judgment dismissing the complaint was properly denied since the defendant did not make a prima facie showing of entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]).

In light of our determination, we need not reach the parties...

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