It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs.
Memorandum:
Supreme Court properly denied the motion of Elaine Pilato (defendant) seeking summary judgment dismissing the complaint against her. Defendant failed to tender sufficient evidence eliminating all material issues of fact from the case and thus failed to make a prima facie showing of entitlement to judgment as a matter of law (see Winegrad v...
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