Majority
p. 575Angelina Carcione et al., Appellants, v County of Suffolk, Respondent, et al., Defendant. [639 NYS2d 735]
To obtain summary judgment, the movant must make a prima facie showing of entitlement to judgment as a matter of law by tendering sufficient evidence to demonstrate the absence of a material issue of fact (see, Alvarez v Prospect Hosp., 68 NY2d 320 , 324). The defendant County of Suffolk did not make such a showing. Ritter, J. P., Thompson, Pizzuto and Hart, JJ., concur.
Cases cited
- Alvarez v. Prospect Hospital 68 NY2d 320 at 324 p. 575