Abcon Associates, Inc. v. Apollo Theatre Investor Group

Order, Supreme Court, New York County (Edward Greenfield, J.), entered on or about May 3, 1989, which denied plaintiffs motion, for summary judg*232ment on the issue of the liability of defendant, Apollo Theatre Investor Group (ATIG), unanimously affirmed, without costs or disbursements.

Summary judgment will be granted only where there is a "prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case”. (Winegrad v New York Univ. Med. Center, 64 NY2d 851, 853.) In the instant case, there remains a triable…