Meysar Realty Corp. v. Anndon Restaurant Corp.

—Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered September 27, 1999, which, to the extent appealed from, denied defendants’ motion for summary judgment dismissing the complaint and for declaratory relief, unanimously affirmed, with costs.

Summary judgment dismissing plaintiffs first cause of action was properly denied because defendants failed to make out a prima facie case of entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324). There are triable issues of fact as to whether defendant Anndon Restaurant Corp. violated its lease…