Opinion
October 2, 1986
Appeal from the Supreme Court, Nassau County (Burstein, J., Wager, J.).
Orders affirmed, with one bill of costs.
In opposing a motion for summary judgment, the plaintiff must lay bare its proof and prove by evidence in admissible form that there exists a genuine issue of fact requiring a trial (see, Zuckerman v City of New York, 49 N.Y.2d 557). Sweet Pea has not even directly addressed the motions for summary judgment, but, instead, cross-moved for partial summary judgment and for new and different relief. Notwithstanding this lack of express opposition, a search of the record to find any issue of fact requiring trial, either with respect to the claim of an easement or against the Town of North Hempstead for an alleged failure to enforce its parking regulations, reveals that there are none. Thus, as a matter of law, the complaint must be dismissed against both defendants. Lazer, J.P., Bracken, Kooper and Spatt, JJ., concur.