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MORREALE v. SERRANO

2008-11365.

67 A.D.3d 655 (2009)

886 N.Y.S.2d 910

2009 NY Slip Op 07992

MICHAEL MORREALE, Appellant, v. LISA SERRANO, Respondent.

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

Decided November 4, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion for summary judgment on the complaint, inasmuch as the plaintiff failed to meet his initial burden of establishing, by admissible evidence, his prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). To the extent that the plaintiff relied on the defendant's response...

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