MARTE v. SEC. TITLE & GUAR. CO.


223 A.D.2d 687 (1996)

637 N.Y.S.2d 208

Damian Marte et al., Respondents, v. Security Title and Guaranty Company, Appellant, et al., Defendants

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

January 29, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the branch of the appellant's motion which was to dismiss that portion of the plaintiffs' complaint seeking damages for loss of future rents arising from the default of Maria Torres under her lease is granted, and that portion of the complaint is dismissed.

The plaintiffs failed to submit evidentiary proof in admissible form sufficient to raise a triable issue of fact as to whether...

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