HEE KIM v. HANDELSMAN


48 A.D.3d 459 (2008)

850 N.Y.S.2d 633

YOUNG HEE KIM, Plaintiff, v. ZELDA HANDELSMAN, Defendant and Third-Party Plaintiff-Appellant. SUNG JA KIM et al., Third-Party Defendants-Respondents.

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

Decided February 5, 2008.


Ordered that the order is reversed, on the law, with costs, and the third-party defendants' motion for summary judgment dismissing the third-party complaint is denied.

It is well established that on a motion for summary judgment, the moving party has the burden of establishing prima facie entitlement to judgment as a matter of law by coming forward with evidentiary proof, in admissible form, demonstrating the absence of any triable issue of fact (see Alvarez v...

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