Summary judgment.

Practice point: On its motion for summary judgment, the defendant bore the burden of affirmatively demonstrating the merit of its claim or defense.

Student note: The defendant could not satisfy its burden by pointing to gaps in the plaintiff’s proof.

Case: Rubistello v. Bartolini Landscaping, Inc., NY Slip Op 06483 (2d Dept. 2011).

Here is the decision.

Monday’s issue: Labor Law.