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WASHINGTON TEMPLE CHURCH OF GOD IN CHRIST, INC. v. GLOBAL PROPERTIES AND ASSOCIATES, INC.

2010-00782.

84 A.D.3d 1066 (2011)

923 N.Y.S.2d 854

WASHINGTON TEMPLE CHURCH OF GOD IN CHRIST, INC., Plaintiff, v. GLOBAL PROPERTIES AND ASSOCIATES, INC., Defendant/Third-Party Defendant-Respondent-Appellant, et al., Defendants. TICOR TITLE INSURANCE COMPANY, as Subrogee of HENRY SPITZER, Third-Party Plaintiff-Appellant-Respondent.

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

Decided May 17, 2011.

Ordered that the order is affirmed, without costs or disbursements.

Under the unusual and particular facts and circumstances of this case, the Supreme Court properly concluded that there were issues of fact warranting denial of the motion and cross motion for summary judgment (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]; see also Da Silva v Musso,

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