SIMPSON v. KING


48 A.D.3d 788 (2008)

851 N.Y.S.2d 357

RICHARD SIMPSON, Appellant, v. RANDALL S. KING, Respondent, et al., Defendants.

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

Decided February 26, 2008.


Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendant Randall S. King which was for summary judgment dismissing the complaint insofar as asserted against him is denied.

The defendant Randall S. King failed to make a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). King's submission on his motion consisted...

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