PLAZA INVESTMENTS v. KIM

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

The plaintiff failed to establish its entitlement to summary judgment (see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851). In any event, the plaintiff's motion was made before any discovery was conducted, and many of the essential issues of fact in this case are solely within the knowledge of the plaintiff. Hence, summary judgment is not warranted (see, Lewis v. Agency Rent-A-Car, 168 A.D.2d 435).

We find no merit to the plaintiff's remaining contentions. Sullivan, J.P., Balletta, Rosenblatt and Florio, JJ., concur.