Atan v. Fitzgerald (57 A.D.3d 594, 2008)

The defendants failed to establish their prima facie entitlement to judgment as a matter of law. Accordingly, the defendants’ motion for summary judgment dismissing the complaint was properly denied (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Skelos, J.E, Ritter, Dillon, Garni and Leventhal, JJ., concur.