Aggerup v. Williamsburg Savings Bank, Inc.

—In an action to recover damages for personal injuries, the defendant Williamsburg Savings Bank, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated December 27, 1990, as denied its motion for summary judgment dismissing the complaint and cross claims insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiff-respondent.

It is well settled that "in a motion for summary judgment, the moving party has the burden of setting forth evidentiary facts to establish his cause…