BAUM INVESTMENTS, INC. v. ROBERTS

ORDERED that the judgment is affirmed, with costs.

The defendant failed to raise a triable issue of fact in opposition to the plaintiff's prima facie showing of entitlement to judgment as a matter of law. Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320) and denied the defendant's motion for summary judgment dismissing the complaint.

SANTUCCI, J.P., FEUERSTEIN, O'BRIEN and LUCIANO, JJ., concur.