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GARCIA v. DAVIS

2007-08897.

2008 NY Slip Op 06189

WILLIAM GARCIA, appellant, v. LEON C. DAVIS, defendant, DANBURY FAIR HYUNDAI, LLC, respondent.

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

Decided July 8, 2008.

Attorney(s) appearing for the Case

Hogan & Rossi, Brewster, N.Y. (David P. Burkart and David Simon of counsel), for appellant.

Ryan & Smallacombe, PLLC, Albany, N.Y. (Sharon A. Siegel and Christian Oliver of counsel), for respondent.

Before: ROBERT A. SPOLZINO, J.P., FRED T. SANTUCCI, RANDALL T. ENG, JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion of the defendant Danbury Fair Hyundai, LLC, for summary judgment dismissing the complaint insofar as asserted against it is denied.

In opposition to the prima facie showing of entitlement to judgment as a matter of law made by the defendant Danbury Fair Hyundai, LLC (hereinafter Danbury Fair), the plaintiff raised issues of fact concerning the date on which title...

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