Opinion
October 12, 1993
Appeal from the Supreme Court, Nassau County (McCabe, J.).
Ordered that the order is affirmed, with costs.
To defeat a motion for summary judgment, the opposing party must show facts sufficient to require a trial and must make that showing by evidentiary proof in admissible form (see, Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065, 1067; Spearmon v Times Sq. Stores Corp., 96 A.D.2d 552). That the plaintiff Ellen Scanlon and the defendants Long Beach Public Schools and James Jones placed their proof before the court by way of annexing deposition testimony and documentary evidence to their attorneys' affirmations did not render their opposition papers defective (see, Olan v. Farrell Lines, 64 N.Y.2d 1092, 1093; Watford v. Jack LaLanne Long Is., 151 A.D.2d 742). Further, sufficient issues of fact have been raised to warrant the denial of summary judgment (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562; Spearmon v. Times Sq. Stores Corp., supra). Bracken, J.P., Balletta, Eiber and Copertino, JJ., concur.