DeMilia v. DeMico Bros.

—Order, Supreme Court, Bronx County (Troy Webber, J.), entered March 13, 2001, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants, although pointing to perceived deficiencies in plaintiffs proof, failed to meet their initial burden as summary judgment movants to make out a prima facie entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 NY2d 557, 562; Rothbard v Colgate Univ., 235 AD2d 675, 678). In any event, plaintiff responded to defendants’ motion with sufficient evidence to raise a…