Civil Procedure · MBE-tested
Patricia Pascale, Respondent, v. James Duke et al., Individually and Doing Business as Swiss Chalet Chicken & Ribs, et al., Appellants
251 A.D.2d 968672 N.Y.S.2d 1023·New York Supreme Court, Appellate Division·1998·NY
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Opinion
Patricia Pascale, Respondent, v James Duke et al., Individually and Doing Business as Swiss Chalet Chicken & Ribs, et al., Appellants.
[672 NYS2d 1023]
[MAJORITY]
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint because defendants failed to meet their initial burden of establishing entitlement to judgment in their favor as a matter of law (see, Zuckerman v City of New York, 49 NY2d 557, 562). Failure to make that showing requires denial of defendants’ motion, “regardless of the sufficiency of the opposing papers” (Winegrad, v New York Univ. Med. Ctr., 64 NY2d 851, 853). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Summary Judgment.) Present — Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.