SAXON v. TUNG FOON ONG


87 A.D.2d 867 (1982)

Max Saxon, Respondent, v. Tung Foon Ong et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 19, 1982


Order reversed, on the law, with $50 costs and disbursements, motion granted, and complaint dismissed.

Both the complaint and bill of particulars specified that plaintiff's fall occurred on the public sidewalk in front of the premises known as 41-23 75th Street, Queens. In support of the summary judgment motion, defendant Tung Foon Ong submitted an affidavit in which he said that neither he nor his wife owned, "ha[d] anything to do with," or "ever had any ownership...

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