Afco Credit Corp. v. Mohr

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered on or about January 3, 1989, which, upon renewal and reargument, denied the plaintiffs motion for summary judgment, is unanimously affirmed, without costs.

It is axiomatic that the proponent of a summary judgment motion must make a prima facie showing of entitlement to *288judgment as a matter of law. To defeat such a motion the opponent must establish the existence of a genuine factual controversy (Lugo v LJN Toys, 146 AD2d 168 [1st Dept 1989]). In this instance, the plaintiffs failure to submit documentary proof of the…