Schumer v. Burtan

Full title: JEFFREY SCHUMER, Appellant, v. LYNNE BURTAN et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 24, 1994

208 A.D.2d 823 (N.Y. App. Div. 1994)

618 N.Y.S.2d 559

Opinion

October 24, 1994

Appeal from the Supreme Court, Kings County (Levine, J.).

Ordered that the order is affirmed, without costs or disbursements.

We find that the Supreme Court properly granted summary judgment to the defendants. The defendants presented prima facie evidence of their entitlement to judgment as a matter of law, and the plaintiff failed to present any evidence in admissible form to establish the existence of a material issue of fact (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 560). Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.