Appellate Division of the Supreme Court of the State of New York December 30, 1992 (Dix v. Pines Hotel, Inc.)

Order unanimously reversed on the law with costs and motion denied. Memorandum: The court erred by granting plaintiffs motion for summary judgment. On a motion for summary judgment, the proponent of the motion must set forth evidentiary proof, in admissible form, eliminating any material issue of fact from the suit (Zuckerman v City of New York, 49 NY2d 557; Merkley v Palmyra-Macedon Cent.