BARBITSCH v. CITY OF NEW YORK


241 A.D.2d 472 (1997)

661 N.Y.S.2d 527

Herta Barbitsch et al., Appellants, v. City of New York et al., Defendants, and Larchwood Construction, Respondent

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

July 14, 1997


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint and all cross claims are reinstated insofar as asserted against Larchwood Construction.

We find that the opposition papers submitted by the plaintiffs, including an affidavit of a licensed professional engineer, were sufficient to demonstrate the existence of triable issues of fact as to whether Larchwood Construction's preparation of tree pits...

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