CONGREGATION YETEV LEV D'SATMAR, INC. v. 26 ADAR N.B. CORP.


300 A.D.2d 338 (2002)

751 N.Y.S.2d 537

CONGREGATION YETEV LEV D'SATMAR, INC., et al., Respondents, v. 26 ADAR N.B. CORP. et al., Appellants, et al., Defendants.

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

Decided December 9, 2002.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the cross motion which was for partial summary judgment dismissing the defendants' counterclaim for use and occupancy of the residential portion of the property is denied, and that counterclaim is reinstated.

A party moving for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to demonstrate...

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