Hilltop Village Cooperative 3 Inc. v. Greenblatt

In an action for a judgment declaring that the defendant is not entitled to sublet a certain cooperative apartment and directing that she be directed to offer the shares of stock allocated to that apartment for sale to the plaintiff, the plaintiff appeals from an order of the Supreme Court, Queens County (Joy, J.), dated February 6, 1989, which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs.

The proponent of a summary judgment motion must set forth prima facie evidence sufficient to eliminate any material issues of fact from the case. Failure to make such…