CPLR R. 3212 Motion for summary judgment

CPLR R. 3212 Motion for summary judgment

Bryan v 250 Church Assoc., LLC, 2009 NY Slip Op 02452 (App. Div., 1st, 2009)

Defendant's argument in support of its motion is that there is no evidence that it was negligent. However, defendant "cannot obtain summary judgment by pointing to gaps in plaintiff['s] proof" (Torres v Industrial Container, 305 AD2d 136 [2003]). It must tender [*2]evidence that it was not negligent (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Greenidge v HRH Constr. Corp., 279 AD2d 400, 402 [2001]).