Appellate Division of the Supreme Court of New York, 1997

LaManna v. Sudbury, Inc.

LaManna v. Sudbury, Inc.
Appellate Division of the Supreme Court of New York · Decided November 19, 1997
244 A.D.2d 994; 668 N.Y.S.2d 968; 1997 N.Y. App. Div. LEXIS 12433
LaManna v. Sudbury, Inc.

Opinion of the Court

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment. “[T]he proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact” (Alvarez v Prospect Hosp., 68 NY2d 320, 324). Defendants failed to make the required showing (see, Gardner v Honda Motor Co., 214 AD2d 1024). Because defendants did not meet their initial burden in moving for summary judg*995ment, it is not necessary to consider the adequacy of plaintiffs opposing papers (see, Ayotte v Gervasio, 81 NY2d 1062, 1063). (Appeal from Order of Supreme Court, Onondaga County, Hayes, J.—Summary Judgment.) Present—Denman, P. J., Green, Pine, Callahan and Boehm, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.