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Slanetz v. North Shore University Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 490 (N.Y. App. Div. 1996)

Opinion

June 10, 1996

Appeal from the Supreme Court, Nassau County (Roberto, J.).


Ordered that order is affirmed, with costs.

To obtain summary judgment, the movant "must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issue of fact" (Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324). Here the defendant made such a showing (see, Zuckerman v. City of New York, 49 N.Y.2d 557). The plaintiff's opposing papers did not constitute sufficient proof to defeat the motion for summary judgment because they consisted entirely of conclusory statements and unsubstantiated allegations (see, Zuckerman v. City of New York, supra). We further find that the Supreme Court properly denied the plaintiff's cross motion for leave to serve an amended summons and second amended complaint pursuant to CPLR 305, 2215, and 3025 (b).

We have reviewed the plaintiff's remaining contentions and find them to be without merit. Mangano, P.J., Rosenblatt, Ritter and Copertino, JJ., concur.


Summaries of

Slanetz v. North Shore University Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 490 (N.Y. App. Div. 1996)
Case details for

Slanetz v. North Shore University Hospital

Case Details

Full title:CHARLES A. SLANETZ, JR., Appellant, v. NORTH SHORE UNIVERSITY HOSPITAL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 10, 1996

Citations

228 A.D.2d 490 (N.Y. App. Div. 1996)
643 N.Y.S.2d 1001

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