
    Philip A. Cappadora, Respondent, v Gary Berenholtz, Appellant.
    [747 NYS2d 801]
   The defendant failed to establish his prima facie entitlement to judgment as a matter of law (see CPLR 3212 [b]). Therefore, his motion for summary judgment dismissing the complaint was properly denied. Ritter, J.P., Smith, McGinity and Luciano, JJ., concur.  