Mapoy v. Johnson

Full title: ROSITA MAPOY, Respondent, v. JAMES JOHNSON, Appellant, et al., Defendant

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

Date published: Dec 15, 1986

125 A.D.2d 454 (N.Y. App. Div. 1986)

Opinion

December 15, 1986

Appeal from the Supreme Court, Kings County (Krausman, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant failed to submit adequate proof to sustain his burden of showing entitlement to judgment as a matter of law (see, CPLR 3212 [b]; Brown v. Visan Fuel Oil Co., 114 A.D.2d 396; Savage v. Delacruz, 100 A.D.2d 707).

Under these circumstances, we do not reach the issue of the sufficiency of the plaintiff's opposing papers (see, Brown v Visan Fuel Oil Co., supra). Bracken, J.P., Niehoff, Eiber and Sullivan, JJ., concur.