Opinion
July 12, 1991
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Dillon, P.J., Callahan, Denman, Green and Lowery, JJ.
Order unanimously affirmed without costs. Memorandum: To be entitled to summary judgment with respect to its fourth affirmative defense and counterclaim, defendant was obligated to establish, by proof in admissible form, that it retained no interest in the property for which plaintiff seeks payment of Tax Revenue Impact Payments (see, Williamsville Cent. School Dist. v New York State Urban Dev. Corp., 142 A.D.2d 981; see also, McKinney's Uncons Laws of N Y § 6253 [8]; § 6255 [29] [New York State Urban Development Corporation Act § 3 (8); § 5 (29); L 1968, ch 174, § 1, as amended]). We find that defendant failed to meet that burden, and summary judgment was properly denied.