Opposing a summary judgment motion.

Practice point:  A plaintiff cannot defeat a summary judgment motion that makes out a prima facie case merely by asserting a new theory of liability for the first time in the opposing papers.

Case:  Biondi v. Behrman,  NY Slip Op 03039 (1st Dep't April 20, 2017)

Here is the decision. 

Tomorrow's issue:  CPLR 306-b.