Berman v. Mace (In re Brenhouse)

3 Citing cases

  1. Hiller v. DiGiacomo

    74 Misc. 3d 134 (N.Y. App. Term 2022)

    " As limited by his brief, defendant appeals from so much of an order of the District Court dated February 10, 2021 as granted plaintiff's cross motion for summary judgment. "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any triable issues of fact" ( Matter of Brenhouse , 192 AD3d 887, 888 [2021] ; seeAlvarez v Prospect Hosp. , 68 NY2d 320, 324 [1986] ; Winegrad v New York Univ. Med. Ctr. , 64 NY2d 851, 853 [1985] ).

  2. Hiller v. DiGiacomo

    2022 N.Y. Slip Op. 50281 (N.Y. Sup. Ct. 2022)

    " As limited by his brief, defendant appeals from so much of an order of the District Court dated February 10, 2021 as granted plaintiff's cross motion for summary judgment. "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any triable issues of fact" (Matter of Brenhouse, 192 A.D.3d 887, 888 [2021]; see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]).

  3. In re Federico

    2023 N.Y. Slip Op. 51418 (N.Y. Surr. Ct. 2023)

    The Purported Amendments and Revocation of the Irrevocable Trust It is well established that "[t]he proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any triable issues of fact" (Matter of Brenhouse, 192 A.D.3d 887, 888 [2d Dept 2021]). "Failure to make such showing requires denial of the motion, regardless of the sufficiency of the opposing papers" (Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]; see Matter of Carano, 96 A.D.3d 1556, 1557 [4th Dept 2012]).