LIBERMAN v. CITY OF NEW YORK


24 A.D.3d 517 (2005)

808 N.Y.S.2d 255

LEV LIBERMAN et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

December 12, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaints are reinstated.

The Supreme Court erred in granting summary judgment dismissing the complaints asserted against the defendant in its capacity as the owner of the vacant lots. In opposition to the defendant's prima facie showing of entitlement to summary judgment, the plaintiffs submitted sufficient evidence to raise triable issues of fact as to whether the defendant...

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