SPOTA v. LOVE

2014-05187, Index No. 28163/08.

140 A.D.3d 730 (2016)

30 N.Y.S.3d 884

2016 NY Slip Op 04198

THOMAS J. SPOTA, District Attorney of Suffolk County, Respondent, v. VINCENT LOVE et al., Appellants.

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

Decided June 1, 2016.


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

"[T]he proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact" (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). "[A] party does not carry its burden in moving for summary judgment by pointing to...

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