Opinion
December 16, 1998
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the order is affirmed, with costs.
The plaintiff has demonstrated its entitlement to judgment in its favor on the issue of liability as a matter of law ( see, CPLR 3212 [b]; Zuckerman v. City of New York, 49 N.Y.2d 557, 562). In response, the defendant failed to proffer any evidence to show the existence of triable issues of fact. Under the circumstances, partial summary judgment on the issue of liability was properly granted to the plaintiff.
Rosenblatt, J. P., Santucci, Friedmann and McGinity, JJ., concur.