Katz v. Pro Form Fitness, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*475In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Price, J.), dated February 20, 2002, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendants, as the parties moving for summary judgment, had the burden of establishing, prima facie, their entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). This burden is not met merely by citing gaps in the plaintiffs case (see Saryian v Ramana,…
2Cases cited10 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Healey v. Firestone Tire & Rubber Co.New York Court of Appeals · 1996
- Klein v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Dalton v. Educational Testing ServiceAppellate Division of the Supreme Court of the State of New York · 2002
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