Pascale v. Duke — 251 A.D.2d 968

Majority

p. 968

Patricia Pascale, Respondent, v James Duke et al., Individually and Doing Business as Swiss Chalet Chicken &

p. 969

Ribs, et al., Appellants.

[672 NYS2d 1023]

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint because defendants failed to meet their initial burden of establishing entitlement to judgment in their favor as a matter of law (see, Zuckerman v City of New York, 49 NY2d 557 , 562). Failure to make that showing requires denial of defendants’ motion, “regardless of the sufficiency of the opposing papers” (Winegrad, v New York Univ. Med. Ctr., 64 NY2d 851 , 853). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Summary Judgment.) Present — Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.

Cases cited

Zuckerman v. City of New York 49 NY2d 557 N.Y. 1980-04-01 at 562 p. 969
Winegrad v. New York University Medical Center 64 NY2d 851 N.Y. 1985-02-12 at 853 p. 969