Kebbeh v. City of New York

It is well settled that the “drastic remedy” of summary judgment can be “granted only where the moving party has ‘tender[ed] sufficient evidence to demonstrate the absence of any material issues of fact’ ” (Vega v Restani Constr. Corp., 18 NY3d 499, 503 [2012], quoting Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). When, as here, the movant fails to make this prima facie showing, the motion must be denied, “regardless of the sufficiency of the opposing papers” (id. [emphasis omitted]).

In this Labor Law action, plaintiff alleges that he suffered injuries due to exposure to airborne…