Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.
The Supreme Court erred in granting the defendant's motion for summary judgment, as the defendant failed to meet its initial burden of establishing its prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp.,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.