SFR Funding, Inc.
v.
Adria Operating Corp.

Appellate Division of the Supreme Court of New York, Second DepartmentSep 15, 2003
764 N.Y.S.2d 633 (N.Y. App. Div. 2003)
764 N.Y.S.2d 633308 A.D.2d 484

2002-10395

Submitted May 16, 2003.

September 15, 2003.

In an action, inter alia, to recover damages for conversion, the defendants appeal from an order of the Supreme Court, Nassau County (Segal, J.), dated July 22, 2002, which granted the plaintiff's motion for summary judgment on the complaint.

Feldman and Amir, New York, N.Y. (Jacob E. Amir of counsel), for appellants.

Beck, Gewurz Strauss, PLLC, Uniondale, N.Y. (Leland Stuart Beck of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

In response to the plaintiff's showing of its prima facie entitlement to summary judgment, the defendants failed to raise a triable issue of fact, or demonstrate that summary judgment should be denied without prejudice to renewal after the completion of discovery. Accordingly, summary judgment was properly granted in favor of the plaintiff ( see generally Alvarez v. Prospect Hosp., 68 N.Y.2d 320).

In light of this determination, we need not reach the plaintiff's contention concerning the appendix on the appeal.

ALTMAN, J.P., FLORIO, ADAMS and RIVERA, JJ., concur.