Opinion
July 9, 1990
Appeal from the Supreme Court, Queens County (Joy, J.).
Ordered that the order is affirmed, with costs.
The proponent of a summary judgment motion must set forth prima facie evidence sufficient to eliminate any material issues of fact from the case. Failure to make such a showing requires denial of the motion, regardless of the sufficiency of the opposing papers (Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851, 853; see also, Narciso v. Ford Motor Co., 137 A.D.2d 508).
We agree with the Supreme Court that the plaintiff corporation is not entitled to summary judgment, as its motion papers did not establish prima facie that the defendant improperly sublet her apartment. Thompson, J.P., Rubin, Rosenblatt and Miller, JJ., concur.