Raia Industries, Inc. v. Young

Appellate Division of the Supreme Court of New York

Raia Industries, Inc. v. Young

124 A.D.2d 722, 508 N.Y.S.2d 228, 1986 N.Y. App. Div. LEXIS 62025

Appellate Division of the Supreme Court of the State of New York·Decided November 17, 1986·Published·Cited by 9 cases

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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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.

Raia Industries, Inc. v. Young, 124 A.D.2d 722, 508 N.Y.S.2d 228, 1986 N.Y. App. Div. LEXIS 62025 (N.Y. Ct. App. 1986).

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124 A.D.2d 722 (Raia Industries, Inc. v. Young) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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