DEINHART v. PILATO


12 A.D.3d 1032 (2004)

784 N.Y.S.2d 452

PAUL DEINHART, Individually and as Parent and Natural Guardian of ALLYSON DEINHART, a Minor, Respondent, v. CARMEN PILATO et al., Defendants, and ELAINE PILATO, Appellant. (Appeal No. 1.)

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

November 19, 2004.


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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