Appellate Division of the Supreme Court of the State of New York March 26, 1996 (Tuff & Rumble Management, Inc. v. Landmark Distributors, Inc.)

The IAS Court properly granted defendant partial summary judgment on its first counterclaim for breach of the parties’ phonograph record distribution contract since, in support of the motion, defendant established its right to recovery, and plaintiff, in its opposition, failed to raise a genuine issue of material fact requiring a trial (Alvarez v Prospect Hosp.