A defendant moving for summary judgment dismissing a cause of action alleging negligence may generally sustain its prima facie burden by negating a single essential element of that cause of action. In determining the motion, the evidence must be viewed in the light most favorable to the non-moving party. The motion will not be granted where the facts are in dispute, where conflicting inferences may be drawn from the evidence, or where there are issues of credibility.
Brendel v. County of Suffolk, NY Slip Op 03660 (2d Dep't June 10, 2026)
