Appellate Division of the Supreme Court of the State of New York September 30, 2002 (Cappadora v. Berenholtz)

*775The defendant failed to establish his prima facie entitlement to judgment as a matter of law (see CPLR 3212 [b]). Therefore, his motion for summary judgment dismissing the complaint was properly denied. Ritter, J.P., Smith, McGinity and Luciano, JJ., concur.