Quito v. City of New York — 89 A.D.3d 913

Majority

p. 913

Nelson Quintuna Quito, Respondent, v City of New York et al., Appellants.

[932 NYS2d 717]

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 NY2d 851 , 853 [1985]). Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint. Rivera, J.E, Eng, Belen and Austin, JJ., concur.

Cases cited

Winegrad v. New York University Medical Center 64 NY2d 851 N.Y. 1985-02-12 at 853 p. 913