Arias v. PM Partners
Opinion of the Court
The trial court properly denied summary judgment because TD Bank failed to “tender[ ] sufficient evidence to demonstrate the absence of [a] material issue[] of fact” (Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]) regarding whether it created the defect that caused plaintiffs accident. The only evidence on which TD Bank relied, the testimony of an employee of the property manager, who was not employed by TD Bank, and
In light of the foregoing, the court correctly denied summary judgment as to the indemnification claims. Concur — Mazzarelli, J.E, Andrias, Renwick, Freedman and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.