GARCIA v. EMPIRE FASTENERS, INC.


57 A.D.3d 710 (2008)

871 N.Y.S.2d 217

MATILDE DE GARCIA, Respondent, v. EMPIRE FASTENERS, INC., Appellant, et al., Defendant.

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

December 16, 2008.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Empire Fasteners, Inc., for summary judgment dismissing the complaint insofar as asserted against it is granted.

In support of its motion for summary judgment dismissing the complaint insofar as asserted against it, the defendant Empire Fasteners, Inc. (hereinafter Empire), submitted photographs establishing that its property did not abut the portion

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