GARUFI v. DAIICHI REAL ESTATE CO., LTD.


306 A.D.2d 183 (2003)

760 N.Y.S.2d 841

VINCENT GARUFI, Appellant, v. DAIICHI REAL ESTATE CO., LTD., et al., Respondents.

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

Decided June 24, 2003.


Defendant Otis having met its threshold burden, plaintiff failed to satisfactorily raise any issues of fact to preclude the grant of summary judgment.

The complaint was also properly dismissed as against defendant Daiichi, an out-of-possession owner without actual or constructive notice of the alleged defect (see Healy v ARP Cable, 299 A.D.2d 152

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