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MYCHAJLUK v. SANCHEZ

282 A.D.2d 509 (2001)

722 N.Y.S.2d 755

OLIA MYCHAJLUK, Appellant, v. CARMEN SANCHEZ, Also Known as CARMEN SANTIAGO, Also Known as CARMEN ALMANZAR, et al., Respondents.

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

Decided April 9, 2001.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly denied the plaintiff's cross motion for partial summary judgment since she did not sustain her burden of proving her entitlement to judgment as a matter of law (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 N.Y.2d 557, 562). The conflicting allegations contained in the affidavits that she submitted...

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