G.K. Alan Assoc., Inc. v. Lazzari

In an action to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Jonas, J.), entered March 15, 2004, as denied that branch of its motion which was for summary judgment on the complaint.

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

As the proponent of the motion for summary judgment, the plaintiff bore the initial burden of establishing its entitlement to judgment on the complaint and the absence of a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; cf. Zimmerman v…