MELENDEZ v. REICHWALD-HIRANANDANI LIVING TRUST DATED SEPTEMBER 15, 1998

5162, 308427/08.

84 A.D.3d 646 (2011)

923 N.Y.S.2d 837

BRENDA MELENDEZ, Respondent, v. REICHWALD-HIRANANDANI LIVING TRUST DATED SEPTEMBER 15, 1998 et al., Appellants.

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

Decided May 26, 2011.


Defendants failed to submit sufficient evidence, such as a deed, to demonstrate the absence of any material issue of fact as to the ownership of the building. Indeed, the property management agreement and the testimony of the president of Friedman Management Corp. appear to contradict defendants' claim that the Living Trust is the sole owner. Defendants also failed to submit sufficient evidence, such as the testimony of an individual with personal knowledge of ice and snow...

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