SANDIFORD v. KAHN

2010-06006.

84 A.D.3d 1209 (2011)

923 N.Y.S.2d 865

PATRICIA SANDIFORD, Respondent, v. ROBERT KAHN et al., Defendants, and MILLENNIUM ABSTRACT CORP., Appellant. (And Other Titles.)

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

Decided May 24, 2011.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the motion of the defendant Millennium Abstract Corp. (hereinafter Millennium) which was for summary judgment dismissing the complaint insofar as asserted against it. Millennium failed to meet its prima facie burden on that branch of the motion because its own submissions raised triable issues of fact as to whether it breached a duty of care to...

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