Raia Industries, Inc. v. Young
Raia Industries, Inc. v. Christine A. Young, Doing Business as Empire Paving Co.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
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.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 9 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.