Porter v. Callahan

Kane, J. P.,

dissents and votes to affirm in a memorandum. Kane, J. P., (dissenting). On this motion for summary judgment, the movant is defendant County of Schenectady. The law imposes upon the moving party the burden to set forth a prima facie showing of entitlement to summary judgment, as a matter of law. This requires submission to the court of sufficient evidence to demonstrate the absence of any material issue of fact and the failure to make such a prima facie showing requires a denial of the motion, regardless of the sufficiency of the opposing papers (Winegrad v New York Univ. Med.…