Opinion
March 20, 1989
Appeal from the Supreme Court, Queens County (Graci, J.).
Ordered that the appeal from the order dated December 23, 1987 is dismissed, as that order was superseded by the order dated March 21, 1988, made upon reargument; and it is further,
Ordered that the order dated March 21, 1988 is affirmed insofar as appealed from; and it is further,
Ordered that the order dated April 18, 1988 is affirmed; and it is further,
Ordered that the respondent Citibank is awarded one bill of costs.
To prevail on a motion for summary judgment, the movant must tender evidence which is sufficient to eliminate any material issues of fact and to establish an entitlement to judgment as a matter of law (see, Zuckerman v. City of New York, 49 N.Y.2d 557; Wertheimer v. Paley, 137 A.D.2d 680). The evidence submitted by the defendants Citibank and Cohen Huttner established that the claims asserted against them in this action are devoid of merit. Accordingly, their respective cross motion and motion for summary judgment were properly granted. The plaintiffs' motion for summary judgment with respect to the defendants Mark L. Slipoy and Ricardo Molinas was properly denied. The evidence presented in support of the plaintiffs' motion was insufficient to eliminate material issues of fact as to these defendants' liability for the plaintiff corporation's overdue taxes. Mollen, P.J., Mangano, Thompson and Rubin, JJ., concur.