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BOSMAN v. RECKSON FS LIMITED PARTNERSHIP

15 A.D.3d 517 (2005)

790 N.Y.S.2d 201

WILLIAM G. BOSMAN, Respondent, v. RECKSON FS LIMITED PARTNERSHIP, Appellant, et al., Defendant. (And a Third-Party Action.)

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

February 22, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly denied the motion of the defendant Reckson FS Limited Partnership (hereinafter Reckson) for summary judgment dismissing the complaint insofar as asserted against it. We affirm, but for reasons other than those cited by the Supreme Court. In order for Reckson to have established its prima facie entitlement to judgment as a matter of law, it needed to submit evidence that it neither created...

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