Joseph P. Day Realty Corp. v. Aeroxon Products, Inc.

In an action to recover damages for breach of a lease, the defendant appeals from an order of the Supreme Court, Westchester County (Walsh, J.), entered April 12, 1988, which granted the plaintiff’s cross motion for summary judgment on the issue of liability and denied the defendant’s motion to vacate a note of issue and to compel the examination before trial of a specified corporate officer.

Ordered that the order is affirmed, with costs.

It is well settled that in order to defeat a motion for summary judgment, the opposing party must show facts sufficient to require a trial of any issue of…