BONIFER v. HOME DEPOT U.S.A., INC

Ordered that the order is affirmed, with costs.

The defendant failed to make out a prima facie case entitling it to judgment as a matter of law ( see O'Leary v. Bravo Hylan, LLC, 8 AD3d 542; Katz v. PRO Form Fitness, 3 AD3d 474, 475; Kucera v. Walbaums Supermarkets, 304 AD2d 531, 532). Thus, it is not necessary to examine the sufficiency of the plaintiff's opposing papers ( see Winegrad v. New York Univ. Med. Ctr., 64 NY2d 851).