A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he was not at fault in the happening of the accident. Here, in its moving papers, the defendant submitted deposition testimony which provided conflicting evidence as to the facts surrounding the incident. Viewing the evidence in the light most favorable to the plaintiff, as the nonmoving party, the defendant failed to satisfy the prima facie burden. The motion is denied, without considering the sufficiency of the opposing papers.
Wiessner v. Phillips, NY Slip Op 00216 (2d Dep't January 2, 2022)
