RENTZ v. MODELL

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

A proponent of a motion for summary judgment 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. Failure to make such a showing requires denial of the motion, regardless of the sufficiency of the opposing papers ( see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851). We agree with the Supreme Court that the appellant failed to demonstrate a prima facie showing of entitlement to judgment as a matter of law.