McMAHAN v. McMAHAN

Ordered that the order is affirmed insofar as appealed from, with costs.

A party moving for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to demonstrate the absence of any triable issue of fact ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324; Zuckerman v City of New York, 49 NY2d 557, 562). Here, the plaintiff failed to meet his prima facie burden of demonstrating entitlement to judgment as a matter of law on the cause of action alleging breach of contract ( see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). Since the plaintiff failed to meet his prima facie burden, we need not consider the sufficiency of the defendant's opposition papers ( id.). Accordingly, the Supreme Court properly denied that branch of the plaintiffs motion which was for summary judgment on the issue of liability on the cause of action alleging breach of contract.