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Gonzalez v. 98 Mag Leasing Corp.6/15/2000
ants' motion for summary judgment on the merits. When defendant moved for summary judgment and established a prima facie entitlement to a judgment as a matter of law, the burden shifted to plaintiff to produce evidence, in admissible form, demonstrating that material issues of fact existed (Alvarez v. Prospect Hosp., 68 NY2d 320, 326-327; Winegrad v. New York Univ. Med. Center, 64 NY2d 851, 853). The conclusory assertions proffered by plaintiff's accident reconstruction expert were insufficient to defeat defendants' motion for summary judgment (see, Alvarez v. Prospect Hosp., supra, at 325).
Accordingly, the order of the Appellate Division should be affirmed, with costs.
Order affirmed, with costs.
Opinion by Judge Smith. Chief Judge Kaye and Judges Bellacosa, Levine, Ciparick, Wesley and Rosenblatt concur.
Decided June 15, 2000
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