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Appellate Division of the Supreme Court of New York, 2002

Curtin v. Phipps Houses Services, Inc.

Curtin v. Phipps Houses Services, Inc.
Appellate Division of the Supreme Court of New York · Decided September 23, 2002
297 A.D.2d 700; 747 N.Y.2d 388; 747 N.Y.S.2d 388; 2002 N.Y. App. Div. LEXIS 8656
Curtin v. Phipps Houses Services, Inc.

Opinion of the Court

The defendant failed to make a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851). In view of the foregoing, it is not necessary to consider the sufficiency of the opposing papers (see Alvarez v Prospect Hosp., supra). Altman, J.P., S. Miller, McGinity, Schmidt and Rivera, JJ., concur.

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