LONG ISLAND OPHTHALMOLOGIC ASSOCS. v. WEST BROADWAY PROF'L BLDG., INC.


88 A.D.2d 585 (1982)

Long Island Ophthalmologic Associates, P. C., Appellant, v. West Broadway Professional Building, Inc., Respondent

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

May 3, 1982


Order reversed, on the law, with $50 costs and disbursements, plaintiff's motion for summary judgment is granted, and it is declared that plaintiff is not obligated under its lease to pay for its electrical consumption.

Special Term erred in denying plaintiff's motion for summary judgment. It is axiomatic that a party opposing a motion for summary judgment must submit evidentiary facts sufficient to raise triable issues of fact (Freedman v Chemical Constr. Corp...

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