Majority
p. 722Raia Industries, Inc., Appellant, v Christine A. Young, Doing Business as Empire Paving Co., Respondent.
The proponent of a motion for summary judgment is required to make a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to eliminate any material issues of fact from the case. The failure to make such a showing requires the denial of the motion, regardless of the insufficiency of the opposing papers (see, Winegrad v New York Univ. Med. Center, 64 NY2d 851 ; Royal v Brooklyn Union Gas Co., 122 AD2d 132 ). Here, the plaintiff has failed to make the necessary prima facie showing. Thompson, J. P., Weinstein, Niehoff and Spatt, JJ., concur.
Cases cited
- Winegrad v. New York University Medical Center 64 NY2d 851 p. 722
- Royal v. Brooklyn Union Gas Co. 122 AD2d 132 p. 722