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IOFFE v. HAMPSHIRE HOUSE APARTMENT CORPORATION

21 A.D.3d 930 (2005)

800 N.Y.S.2d 757

IRAIDA IOFFE et al., Appellants, v. HAMPSHIRE HOUSE APARTMENT CORPORATION et al., Respondents.

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

September 12, 2005.

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

In opposition to the prima facie showing by the defendant Hampshire House Apartment Corporation (hereinafter HHAC) of its entitlement to summary judgment (see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]), the plaintiffs failed to raise a triable issue of fact regarding their claims that HHAC, as an abutting landowner, either created the...

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