Heritage Co. of Massena v. Klein's All Sport Distributors, Inc.

— Order unanimously affirmed with costs. Memorandum: To be entitled to summary judgment, the moving party must tender sufficient evidence to eliminate any material issues of fact and make a prima facie showing of entitlement to judgment as a matter of law (Zuckerman v City of New York, 49 NY2d 557 , 562). Because plaintiff’s conclusory assertions fail to establish the specific nature of defendant’s defaults and their interrelationships to the amounts demanded, it failed to establish its entitlement to judgment as a matter of law and, therefore, summary judgment was properly denied (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 , 853). (Appeal from Order of Supreme Court, Onondaga County, Mordue, J. — Summary Judgment.) Present — Green, J. P., Balio, Lawton, Boehm and Doerr, JJ.