Curtin v. Phipps Houses Services, Inc. , 747 N.Y.2d 388 ( 2002 )

The defendant failed to make a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851). In view of the foregoing, it is not necessary to consider the sufficiency of the opposing papers (see Alvarez v Prospect Hosp., supra). Altman, J.P., S. Miller, McGinity, Schmidt and Rivera, JJ., concur.