General

Raia Industries, Inc., Appellant, v. Christine A. Young, Doing Business as Empire Paving Co., Respondent

124 A.D.2d 722·New York Supreme Court, Appellate Division·1986·NY

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Opinion

Raia Industries, Inc., Appellant, v Christine A. Young, Doing Business as Empire Paving Co., Respondent. [MAJORITY] 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.