Appellate Division of the Supreme Court of New York, 1998

Schuster v. 79th Street Parking Corp.

Schuster v. 79th Street Parking Corp.
Appellate Division of the Supreme Court of New York · Decided March 5, 1998 · Ellerin, Rosenberger, Rubin, Wallach
248 A.D.2d 147; 670 N.Y.S.2d 72; 1998 N.Y. App. Div. LEXIS 1970
Schuster v. 79th Street Parking Corp.

Opinion of the Court

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about September 3, 1997, which denied defendants-appellants’ cross motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The motion was properly denied on the ground that defendants-appellants failed to make a prima facie showing of entitlement to summary judgment as a matter of law (Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853).

Concur— Rosenberger, J. P., Ellerin, Wallach and Rubin, JJ.

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