Min Zhong v Matranga, 39 NY3d 1053 (2023)

2023 NY Slip Op 00690 [39 NY3d 1053]
February 9, 2023
Court of Appeals

[*1]

Min Zhong, Appellant,
v
Peter J. Matranga, Respondent.

Decided February 9, 2023

Min Zhong v Matranga, 208 AD3d 439, affirmed.

{**39 NY3d at 1053} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. In response to defendant’s prima facie showing of entitlement to summary judgment, plaintiff failed to raise a triable issue of material fact (see Heltz v Barratt, 24 NY3d 1185, 1187 [2014]; Green v Mower, 100 NY2d 529, 530 [2003]).

Concur: Acting Chief Judge Cannataro and Judges Garcia, Wilson, Singas and Troutman. Judge Rivera dissents and votes to reverse and deny defendant’s motion for summary judgment, for reasons stated in so much of the dissenting opinion by Justice Peter H. Moulton as concluded that, assuming defendant made out a prima facie case in support of his motion for summary judgment, plaintiff raised triable issues of material fact warranting denial of the motion (see Min Zhong v Matranga, 208 AD3d 439, 444-445 [1st Dept 2022, Moulton, J., dissenting]).