Opinion
March 27, 1995
Appeal from the Supreme Court, Suffolk County (Newmark, J.).
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that the plaintiffs established entitlement to judgment as a matter of law and that the defendant failed to come forward with admissible proof demonstrating the necessity of a trial on an issue of fact (see, Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065).
The defendant's remaining contentions are either academic or without merit. Bracken, J.P., Rosenblatt, Lawrence, Krausman and Goldstein, JJ.