Opinion
Argued March 9, 2000
April 24, 2000.
In an action, inter alia, to recover damages for false arrest, the plaintiffs appeal from an order of the Supreme Court, Queens County (Taylor, J.), dated June 1, 1999, which denied their motion for summary judgment with leave to renew after the completion of discovery.
Carl Holmes, Jamaica, N.Y., for appellants.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Dona B. Morris of counsel), for respondent.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
It is well settled that a party seeking summary judgment pursuant to CPLR 3212 has the burden of establishing entitlement to judgment as a matter of law by coming forward with evidentiary proof, in admissible form, demonstrating the absence of any disputed material facts (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324 ; Zuckerman v. City of New York, 49 N.Y.2d 557, 562 ). Failure to make such a showing requires the denial of the motion, regardless of the sufficiency of the opposing papers (see,Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851, 853 ; Sipourene v. County of Nassau, 266 A.D.2d 450 [2d Dept., Nov. 22, 1999]).
Here, the plaintiffs failed to make the requisite showing of entitlement to summary judgment in their favor. There are issues of fact, inter alia, as to whether there was probable cause for the arrest.