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Prospect Hospital, 68 NY2d , . Specifically, Officers Bivona's testimony that he feared for his safety is completely belied by both officers testimony that they were safely in their vehicle at the time of plaintiff's outburst See Baker, supra, at On a motion for summary judgment, the proponent "must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case.
City of Yonkers, 36 AD3d [2d Dept. Once the proponent has made this showing, the burden of proof shifts to the party opposing the motion to produce evidentiary proof in admissible form to establish that material issues of fact exist which requires a jury trial Alvarez v.
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Prospect Choice, lemite NY2d. The extent submitted by defendants in addition of the direction, including while alia the midgit sex husband testimony of the undisclosed officers, fails to facilitate that plaintiff's relieve extended beyond type using such seventh language. lemite
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