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MEYSAR REALTY CORP. v. ANNDON RESTAURANT CORP.

277 A.D.2d 99 (2000)

716 N.Y.S.2d 297

MEYSAR REALTY CORP., Respondent, v. ANNDON RESTAURANT CORP. et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 16, 2000.

Summary judgment dismissing plaintiff's first cause of action was properly denied because defendants failed to make out a prima facie case of entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324). There are triable issues of fact as to whether defendant Anndon Restaurant Corp. violated its lease with plaintiff by permitting others to use the leased premises without plaintiff's prior written...

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