Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is denied.
In support of its motion, the defendant failed to demonstrate, prima facie, its entitlement to judgment as a matter of law. Accordingly, that branch of the motion which was for summary judgment dismissing the complaint should have...
Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.