Vitiello v. Mayrich Construction Corp.

Rubin and Mazzarelli, JJ.,

dissent in a memorandum by Mazzarelli, J., as follows: I agree with the majority that the motion court improperly granted plaintiffs motion “on default,” as the record establishes that defendant’s opposition papers were before the court prior to its determination. However, because I believe the plaintiff established her entitlement to partial summary judgment on liability, and the alleged errors during the damages trial do not warrant reversal, I would affirm the judgment.

“The proponent of a summary judgment motion must make a prima facie showing of entitlement to…