Opinion
March 6, 1990
Appeal from the Supreme Court, New York County (Edward Greenfield, J.).
Summary judgment will be granted only where there is a "prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case". (Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851, 853.) In the instant case, there remains a triable issue of fact as to whether ATIG terminated its contract with Abcon for cause or without cause. Although ATIG did not give written notice of default to Abcon, this would not preclude it from claiming damages. (See, Zweig Sons v Tuscarora Constr. Co., 50 A.D.2d 1069.)
Concur — Sullivan, J.P., Carro, Milonas, Rosenberger and Ellerin, JJ.