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Ganesh Dat, et al., appellants, v. City of New York, respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

It is well settled that a party seeking summary judgment pursuant to CPLR 3212 has the burden of establishing entitlement to judgment as a matter of law by coming forward with evidentiary proof, in admissible form, demonstrating the absence of any disputed material facts (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324 ; Zuckerman v. City of New York, 49 N.Y.2d 557, 562 ). Failure to make such a showing requires the denial of the motion, regardless of the sufficiency of the opposing papers (see,Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851, 853 ; Sipourene v. County of Nassau, 266 A.D.2d 450 [2d Dept., Nov. 22, 1999]).

Here, the plaintiffs failed to make the requisite showing of entitlement to summary judgment in their favor. There are issues of fact, inter alia, as to whether there was probable cause for the arrest.

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DAT v. CITY OF NEW YORK
(Apr 24, 2000)