New York CPLR 3212(e) provides that “summary judgment may be granted as to one or more causes of action, or part thereof, in favor of any one or more parties, to the extent warranted, on such terms as may be just.” The party making a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, offering evidentiary proof of facts in admissible form and leaving no material issues of fact whatsoever.
