Stevens v. Waters

Order insofar as appealed from unanimously reversed on the law without costs, cross motion for partial summary judgment denied and affirmative defense reinstated. Memorandum: Defendant appeals from that part of an order granting plaintiff’s cross motion for partial summary judgment dismissing the affirmative defense of Workers’ Compensation. Plaintiff failed to sustain his burden to set forth evidentiary proof, in admissible form, eliminating any material issue of fact (see, Zuekerman v City of New York, 49 NY2d 557; Dix v Pines Hotel, 188 AD2d 1007; Merkley v Palmyra-Macedon Cent. School…