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VELOZ v. REFIKA REALTY CO.

38 A.D.3d 299 (2007)

831 N.Y.S.2d 399

TONY VELOZ, an Infant, by His Mother and Natural Guardian, YLUMINADA VELOZ, et al., Appellants, v. REFIKA REALTY CO., a Partnership Consisting of Nazif Kolenovic and Another, et al., Respondents, et al., Defendant.

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

Decided March 13, 2007.

Defendant building owner showed good cause for its delay in moving for summary judgment.

Through its expert's affirmation, the owner established its entitlement to summary judgment on the ground that the infant plaintiff did not suffer any physical or cognitive injuries stemming from the alleged lead poisoning, thus shifting the burden to plaintiffs to raise an issue of fact. Plaintiffs' expert's affirmation failed to do...

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