. Rodriguez v. City of New York, 72 F.3d 1051, 1060-61 (2d Cir.1995); Ferrostaal, Inc. v. Union Pacific R. Co., 109 F.Supp.2d 146, 148 (S.D.N.Y.2000) (The initial burden rests on the moving party to demonstrate the absence of a genuine issue of material fact 30 . Fed.R.Civ.P. 56(e); See also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Kittay v. Peter D. Leibowits Co. (In re Duke & Benedict, Inc.), 265 B.R. 524, 529 (Bankr.S.D.N.Y.2001) ("[T]he nonmoving party must set forth specific facts that show triable issues, and cannot rely on pleadings containing mere allegations or denials."). 31 . See Matsushita, 475 U.S. at 587, 106 S.Ct. 1348 (<HOLDING>); Virgin Atlantic Airways Ltd. v. British
holding that a reasonable trier of fact could find that the defendants acted with malice holding that summary judgment is unwarranted if the evidence is such that a reasonable jury could return a verdict for the nonmoving party holding that summary judgment is appropriate wjhere the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party recognizing that the burden on summary judgment shifts to the nonmoving party once the moving party has met its initial responsibility of showing the absence of a triable issue of fact and that the moving party is entitled to summary judgment if the nonmoving party fails to make a sufficient showing on an essential element of the case holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances