Opinion
Argued May 7, 1999
June 21, 1999
In an action to recover a security deposit, the plaintiff appeals from an order of the Supreme Court, Nassau County (Driscoll, J.), dated May 11, 1998, which denied its motion for summary judgment on the complaint and to dismiss the defendants' counterclaims.
Sciretta Venterina, LLP, Staten Island, N.Y. (Marilyn Venterina of counsel), for appellant.
Rothstein Weinstein, LLP, Melville, N.Y. (Douglas S. Thaler of counsel), for respondents.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiff's motion for summary judgment, as it failed to demonstrate entitlement to judgment as a matter of law ( see, CPLR 3212[b]; Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557).
The plaintiff's remaining contentions are without merit.