FRIESCH-GRONINGSCHE HYPOTHEEKBANK REALTY CREDIT CORP. v. 123 WEST 88TH ASSOCS.


190 A.D.2d 514 (1993)

Friesch-Groningsche Hypotheekbank Realty Credit Corporation, Plaintiff, v. 123 West 88th Associates, L.P., Also Known as 123 West 88th Street Associates, L.P., et al., Defendants 123 West 88th Associates, L.P., et al., Third-Party Plaintiffs-Appellants, v. FGH Appraisal Services, Inc., Third-Party Defendant-Respondent

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

February 2, 1993


We agree with the IAS Court that third-party defendant's submission made a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate that its appraisal was based on an inspection of the building in question and relevant market conditions. The burden thus shifted to third-party plaintiff to produce evidentiary proof in admissible form sufficient to raise material issues of fact bearing on whether the appraisal was negligently...

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