WRIGHT v. C.H. MARTIN OF WHITE PLAINS ROAD, INC.


23 A.D.3d 295 (2005)

808 N.Y.S.2d 21

BARBARA WRIGHT, Respondent, v. C.H. MARTIN OF WHITE PLAINS ROAD, INC., et al., Defendants, EMIL MOSBACHER REAL ESTATE, LLC, Appellant, and CITY OF NEW YORK, Respondent.

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

November 22, 2005.


The only evidence appellant initially adduced to support its claim that it did not own the subject premises at the time of the accident is the deposition testimony of its officer that neither appellant nor any of its related companies has had anything to do with the premises since 1981, when it was sold by one such related company. Absent from the submission were copies of any deeds, including that from the related company conveying the premises in 1981, or even that showing...

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