Cappadora v. Berenholtz

297 A.D.2d 774 Court N.Y. App. Div. Decision date 2002-09-30 English

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p. 774

Philip A. Cappadora, Respondent, v Gary Berenholtz, Appellant.

[747 NYS2d 801]

p. 775

The defendant failed to establish his prima facie entitlement to judgment as a matter of law (see CPLR 3212 [b]). Therefore, his motion for summary judgment dismissing the complaint was properly denied. Ritter, J.P., Smith, McGinity and Luciano, JJ., concur.