Ward v. Lawrence
Opinion of the Court
After a prima facie case has been established by the movant, "to defeat a motion for summary judgment, the opposing party must 'show facts sufficient to require a trial of any issue of fact’ (CPLR 3212, subd. [b]). Normally if the opponent is to succeed in defeating a summary judgment motion he * * * must make his showing by producing evidentiary proof in admissible form” (Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065, 1067-1068).
The plaintiffs presented no evidence that the appellant either created the condition complained of or had actual or constructive notice of the condition (see, Kaufman v Man-Dell Food Stores, 203 AD2d 532). Therefore, the appellant is entitled to summary judgment Thompson, J. P., Joy, Hart and Florio, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.