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CHAPE v. ISATA, LLC

21 A.D.3d 520 (2005)

799 N.Y.S.2d 907

ELIU CHAPE et al., Respondents, v. ISATA, LLC, Defendant, and CAVA CONSTRUCTION CO., INC., Appellant. (And Other Titles.)

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

August 22, 2005.

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

The plaintiffs established their prima facie entitlement to summary judgment (see Martinsen v. County of Nassau, 249 A.D.2d 519 [1998]; Bryan v. City of New York, 206 A.D.2d 448, 449 [1994]). The evidence offered by the appellant in opposition was...

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