GROGG v. SOUTH ROAD ASSOCIATES, L.P.

2008-10907, 2009-00423, (Index No. 1957/06).

74 A.D.3d 1021 (2010)

907 N.Y.S.2d 22

WILLIAM R. GROGG et al., Appellants, v. SOUTH ROAD ASSOCIATES, L.P., et al., Respondents. (And a Third-Party Action.).

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

Decided June 15, 2010.


Ordered that the orders are affirmed insofar as appealed from, with one bill of costs, and the matter is remitted to the Supreme Court, Dutchess County, for the entry of an appropriate declaratory judgment in favor of the defendants.

Contrary to the plaintiffs' contentions, the Supreme Court properly granted the defendants' motion for summary judgment. In response to the defendants' prima facie showing of their entitlement to judgment as a matter of law, the plaintiffs...

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