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A R Laundry Corp. v. A.T.E.Z. LLC

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 2000
268 A.D.2d 397 (N.Y. App. Div. 2000)

Opinion

Submitted December 8, 1999

January 27, 2000

In an action, inter alia, to recover damages for breach of contract and for a judgment declaring that a lease between the parties extends through July 31, 2004, the defendant appeals from so much of an order of the Supreme Court, Queens County (Milano, J.), dated February 2, 1999, as granted the plaintiff's motion for summary judgment on its causes of action to recover damages for breach of contract and to declare that the lease between the parties extends through July 31, 2004.

Joanne A. Zervos, New York, N.Y., for appellant.

Kramer Shapiro, P.C., Kew Gardens, N.Y. (Michael A. Shapiro of counsel), for respondent.

WILLIAM C. THOMPSON, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted those branches of the plaintiff's motion which were for summary judgment on its second and third causes of action. The plaintiff made out a prima facie case for summary judgment and the defendant failed to produce evidentiary proof in admissible form sufficient to establish the existence of a material issue of fact which requires a trial of the action ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562; Richter v. Herman, 240 A.D.2d 556; Fresse v. City of New York, 238 A.D.2d 374; Xenakis v. Waldbaum, Inc., 237 A.D.2d 433).

The defendant's remaining contentions are without merit.

THOMPSON, J.P., S. MILLER, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.


Summaries of

A R Laundry Corp. v. A.T.E.Z. LLC

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 2000
268 A.D.2d 397 (N.Y. App. Div. 2000)
Case details for

A R Laundry Corp. v. A.T.E.Z. LLC

Case Details

Full title:A R LAUNDRY CORP., respondent, v. A.T.E.Z. LLC, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 27, 2000

Citations

268 A.D.2d 397 (N.Y. App. Div. 2000)
701 N.Y.S.2d 616

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