Wertheimer v. Baley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for dental malpractice, etc., the defendant appeals from an order of the *681Supreme Court, Westchester County (Marbach, J.), dated May 6, 1987, which denied his motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
As has been repeatedly stated: "The 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 eliminate any material issues of fact from the case (see, Zuckerman v City of New York, 49 NY2d 557, 562; Sillman v…
2Cases cited11 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Fileccia v. Massapequa General HospitalNew York Court of Appeals · 1984
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3Cited by16 opinions
- Kleinert v. BegumAppellate Division of the Supreme Court of the State of New York · 1988
- Yelin v. American Dental CenterAppellate Division of the Supreme Court of the State of New York · 1992
- Brosnan v. ShafronAppellate Division of the Supreme Court of the State of New York · 2000
- Canosa v. AbadirAppellate Division of the Supreme Court of the State of New York · 1990
- Alllen v. BlumAppellate Division of the Supreme Court of the State of New York · 1995
11 more not listed; retrieve them via the Exa API.