PREMIER LINCOLN-MERCURY, INC. v. ALSOL ENTERPRISES, LTD.


11 A.D.3d 523 (2004)

783 N.Y.S.2d 619

PREMIER LINCOLN-MERCURY, INC., Appellant, v. ALSOL ENTERPRISES, LTD., Respondent.

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

October 12, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs.

In support of its motion for summary judgment, the plaintiff failed to submit sufficient evidence to establish that it neither used nor occupied certain property owned by the defendant during the months of February, March, April and May 2002 (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Therefore, that branch of the plaintiff's motion which...

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