Cappadora v. Berenholtz , 747 N.Y.2d 801 ( 2002 )

The defendant failed to establish his prima facie entitlement to judgment as a matter of law (see CPLR 3212 [b]). Therefore, his motion for summary judgment dismissing the complaint was properly denied. Ritter, J.P., Smith, McGinity and Luciano, JJ., concur.