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LEVY v. PRIME EAST 15TH, LLC

2010-06260, 2010-10403.

89 A.D.3d 1066 (2011)

933 N.Y.S.2d 587

2011 NY Slip Op 8732

DORIT LEVY, Respondent, v. PRIME EAST 15TH, LLC, et al., Appellants, et al., Defendants.

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

Decided November 29, 2011.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

The defendants Prime East 15th, LLC, and Jacob Frank (hereinafter together the appellants) failed to establish their prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against them (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). The appellants did not demonstrate that...

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