Opinion
September 26, 1986
Appeal from the Supreme Court, Erie County, Broughton, J.
Present — Dillon, P.J., Callahan, Boomer, Balio and Schnepp, JJ.
Order unanimously affirmed with costs. Memorandum: The burden of proof on a motion for summary judgment rests upon the moving party even where the opposing papers are insufficient (Zuckerman v City of New York, 49 N.Y.2d 557, 562; Monroe Abstract Tit. Corp. v Giallombardo, 54 A.D.2d 1084, 1085). The county, in this motion, has failed to meet its burden of demonstrating its entitlement to summary judgment. At trial, it will be the plaintiff's burden to present evidence which will prove that the negligence of the county was a proximate cause of the injuries sustained.