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NORTHBROOK PROP. & CAS. CO. v. WHITE CONSOL. INDUS., INC.

191 A.D.2d 419 (1993)

596 N.Y.S.2d 693

Northbrook Property & Casualty Company et al., Respondents, v. White Consolidated Industries, Inc., Appellant

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

March 1, 1993

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Contrary to the defendant's contention, we find that the Supreme Court properly denied its motion for summary judgment (see, Garnham & Han Real Estate Brokers v Oppenheimer, 148 A.D.2d 493, 494). The defendant failed to establish its entitlement to judgment as a matter of law by "tendering sufficient evidence to eliminate any material...

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