Appellate Division of the Supreme Court of the State of New York December 8, 2009 (Altamura v. OneBeacon Insurance Group)

The plaintiff failed to make a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Since the plaintiff failed to meet her prima facie burden, we need not consider the sufficiency of the defendant’s opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]).