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QUITO v. CITY OF NEW YORK

2010-08990.

89 A.D.3d 913 (2011)

932 N.Y.S.2d 717

2011 NY Slip Op 8338

NELSON QUINTUNA QUITO, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided November 15, 2011.

Ordered that the order is affirmed, with costs.

The defendants' failure to make a prima facie showing of entitlement to judgment as a matter of law required the denial of their motion for summary judgment, regardless of the sufficiency of the opposing papers (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment dismissing...

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