Opinion
May 16, 2000.
Order, Supreme Court, New York County (Edward Lehner, J.), entered May 3, 1999, which, in an action for an accounting, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Ivan L. Van Leer, for plaintiff-appellant.
Neal R. Platt, for defendant-respondent.
Before: Williams, J.P., Lerner, Rubin, Saxe, Buckley, JJ.
The action was properly dismissed for plaintiff's failure to adduce any evidence rebutting defendant's prima facie showing that the subject joint venture realized no profits and that defendant made no use of the property that plaintiff contributed to the venture after the venture was terminated (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.