Opinion
March 2, 1998
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
As the proponents of a motion for partial summary judgment, the defendants had the burden to make a prima facie showing of their entitlement to judgment as a matter of law by eliminating all material issues of fact from the case ( see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851). Since the defendants failed to make this showing, their motion was properly denied.
Sullivan, J. P., Friedmann, Florio and Luciano, JJ., concur.