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MELENDEZ v. PARKCHESTER MEDICAL SERVICES, P.C.

2857, 27225/01

76 A.D.3d 927 (2010)

908 N.Y.S.2d 33

FRANCES MELENDEZ, as Administrator of the Estate of NURY NOBOA, Also Known as NURY P. NOBOA MELENDEZ, Deceased, et al., Appellant, v. PARKCHESTER MEDICAL SERVICES, P.C., et al., Defendants, and MONTEFIORE MEDICAL CENTER et al., Respondents.

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

Decided September 28, 2010.

"The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to [demonstrate the absence of] any material issues of fact" (Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). Once this showing is made, the burden shifts to the opposing party to produce evidentiary proof in admissible form sufficient to establish the existence...

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