YEARWOOD v. POST PARK, LLC

2011-04028.

91 A.D.3d 767 (2012)

936 N.Y.S.2d 562

2012 NY Slip Op 365

JASON YEARWOOD, Respondent, v. POST PARK, LLC, et al., Defendants, and DEKALB DEVELOPMENT CORP., Appellant.

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

Decided January 17, 2012.


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

In moving for summary judgment dismissing the complaint insofar as asserted against it, the defendant Dekalb Development Corp. (hereinafter Dekalb) failed to meet its initial burden of demonstrating, prima facie, its entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). The deposition testimony of Dekalb...

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