Goldstein v Guida, 2010 NY Slip Op 05513 (App. Div, 2nd, 2010)(Accordingly, under the circumstances of this case, the Supreme Court
properly held Guida liable for the damages incurred by the plaintiff as a
result of the conversion of the chairs (see Ingram v Michael and Jr.
Auto Repair, 148 AD2d 324, 325)).
a prima facie showing of entitlement to judgment as a matter of law,
summary judgment should be denied regardless of the sufficiency of the
opposing papers (see Ayotte v Gervasio, 81 NY2d 1062, 1063; Alvarez
v Prospect Hosp., 68 NY2d at 324)).