Damerau v. Johnson

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint. Although defendants made a prima facie showing of entitlement to judgment as a matter of. law (see, Gouchie v Gill, 198 AD2d 862), plaintiffs met their burden of raising a material issue of fact (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324-325). The evidence, viewed in the light most favorable to plaintiffs (see, Dix v Pines Hotel, 188 AD2d 1007), establishes an issue of fact whether defendant Roy L. Johnson had sufficient time to take…