Appellate Division of the Supreme Court of the State of New York March 25, 2008 (Nichols v. Stamer)

*833To be entitled to judgment as a matter of law pursuant to CPLR 4401, the defendant has the burden of showing that, upon viewing the evidence in the light most favorable to the plaintiff, the plaintiff has not made out a prima facie case (see Godlewska v Niznikiewicz, 8 AD3d 430, 431 [2004]; Lyons v McCauley, 252 AD2d 516, 517 [1998]; Hughes v New York Hosp. Cornell Med. Ctr.