Opinion
March 28, 1994
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.
It is well settled that the party moving for summary judgment must establish his or her defense or cause of action sufficiently to warrant a court's granting judgment in his or her favor as a matter of law. The party opposing the motion must produce evidentiary proof in admissible form sufficient to require a trial of material issues of fact (see, Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966). Further, to award summary judgment, it must clearly appear that no material triable issue of fact is presented (see, Daliendo v. Johnson, 147 A.D.2d 312, 317).
Contrary to the appellant's contentions, the evidence presented in the present case demonstrates the existence of an issue of fact with regard to whether the injuries sustained by the plaintiff police officers are a result of the particular dangers which police officers are expected to assume as part of their duties (see, Cooper v. City of New York, 81 N.Y.2d 584; Santangelo v. State of New York, 71 N.Y.2d 393). Accordingly, we find that the court's denial of summary judgment was proper. Thompson, J.P., O'Brien, Joy and Altman, JJ., concur.