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THOMASON v. NORTHPORT FORD, INC.

43 A.D.3d 817 (2007)

840 N.Y.S.2d 871

JULIA THOMASON et al., Appellants, v. NORTHPORT FORD, INC., Respondent.

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

Decided September 4, 2007.

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

Contrary to the Supreme Court's determination, the defendant failed to satisfy its prima facie burden of establishing its entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320

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