ARNOLD v. ADVANTAGE FEDERAL CREDIT UNION


261 A.D.2d 939 (1999)

689 N.Y.S.2d 799

MARY ARNOLD, Individually and as Parent and Natural Guardian of HARMONIE ARNOLD, an Infant, Respondent, v. ADVANTAGE FEDERAL CREDIT UNION, Appellant, et al., Defendants. (Appeal No. 2.)

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

Decided May 7, 1999.


Amended order unanimously reversed on the law without costs, motion granted and complaint against defendant Advantage Federal Credit Union dismissed.

Memorandum:

Supreme Court erred in denying the motion of Advantage Federal Credit Union (defendant) for summary judgment dismissing the complaint against it. Defendant met its initial burden, and plaintiff failed to raise a triable issue of fact whether defendant, as plaintiff's landlord, had actual or constructive...

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