SIMANOVSKIY v. BARBARO

2009-04851

72 A.D.3d 930 (2010)

899 N.Y.S.2d 324

BORIS SIMANOVSKIY, Respondent/Counterclaim Defendant-Appellant, and NADEZHDA SIMANOVSKAYA, Respondent, v. MARIA BARBARO et al., Appellants/Counterclaim Plaintiffs-Respondents.

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

Decided April 20, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, and the defendants' motion for summary judgment dismissing the complaint is granted; and it is further,

Ordered that the cross appeal is dismissed as academic; and it is further,

Ordered that one bill of costs is awarded to the defendants, payable by the plaintiffs-respondents.

The defendants met their prima facie burden of showing that neither of the plaintiffs sustained a serious...

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