AKASH MONSELS v. SINCLAIR


52 A.D.3d 487 (2008)

859 N.Y.S.2d 686

SEAN AKASH MONSELS, Respondent, v. YVONNE SINCLAIR et al., Defendants, and ANTHONY ROYEK et al., Appellants.

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

Decided June 3, 2008.


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

The Supreme Court correctly determined that the defendants Anthony Royek and Steven Salmieri (hereinafter the defendants) were not entitled to summary judgment dismissing the complaint insofar as asserted against them. In opposition to the defendants' prima facie showing of entitlement to judgment as a matter of law, the infant plaintiff adduced sufficient evidence to raise triable issues of...

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