Raia Industries, Inc. v. Young
This text of 124 A.D.2d 722 (Raia Industries, Inc. v. Young) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The proponent of a motion for summary judgment is required to make a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to eliminate any material issues of fact from the case. The failure to make such a showing requires the denial of the motion, regardless of the insufficiency of the opposing papers (see, Winegrad v New York Univ. Med. Center, 64 NY2d 851; Royal v Brooklyn Union Gas Co., 122 AD2d 132). Here, the plaintiff has failed to make the necessary prima facie showing. Thompson, J. P., Weinstein, Niehoff and Spatt, JJ., concur.
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Cite This Page — Counsel Stack
124 A.D.2d 722, 508 N.Y.S.2d 228, 1986 N.Y. App. Div. LEXIS 62025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raia-industries-inc-v-young-nyappdiv-1986.