Opinion
Submitted September 12, 2000.
October 10, 2000.
In an action, inter alia, to recover damages for breach of an employment contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated May 7, 1999, as denied its motion for summary judgment dismissing the complaint.
Ackerman Raphan Sultzer, Oceanside, N.Y. (Michael B. Raphan and Stacey Pena of counsel), for appellant.
Before: LAWRENCE J. BRACKEN, J.P., ANITA R. FLORIO, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court properly denied the defendant's motion for summary judgment. The defendant failed to make a prima facie showing of entitlement to judgment as a matter of law by proffering sufficient evidence to demonstrate the absence of any material issues of fact (see, CPLR 3212[b]; Ayotte v. Gervasio, 81 N.Y.2d 1062; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851).
The defendant's remaining contentions are without merit.