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MORAN v. REGENCY SAVINGS BANK

20 A.D.3d 305 (2005)

799 N.Y.S.2d 29

LEONORA MORAN, Appellant, v. REGENCY SAVINGS BANK, F.S.B., et al., Respondents, et al., Defendant.

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

July 7, 2005.

In response to the prima facie showings that both the Rosenfeld firm and Elmar Associates were out-of-possession mortgage holders who neither maintained nor controlled the premises where plaintiff's alleged accident occurred, and were therefore not responsible (see Bowles v City of New York, 154 A.D.2d 324 [1989]; see also Bonifacio v 910-930 S. Blvd. LLC, 295 A.D.2d 86, 89-90 [2002]), plaintiff...

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