JOSEPH v. NEW YORK CITY TRANSIT AUTHORITY


277 A.D.2d 355 (2000)

716 N.Y.S.2d 600

MARIE A. JOSEPH, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, and CITY OF NEW YORK, Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 20, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that on a motion for summary judgment, the movant is required to set forth evidence establishing its prima facie entitlement to judgment as a matter of law. A failure to do so requires the denial of the motion, regardless of the sufficiency of the opposing papers (see, Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853; Guck...

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