FLORES v. CATHEDRAL PROPS. LLC

8716, 350662/09.

101 A.D.3d 432 (2012)

955 N.Y.S.2d 324

2012 NY Slip Op 8407

ARELIE FLORES, an Infant, by Her Mother and Natural Guardian, SILVIA HERNANDEZ, et al., Respondents, v. CATHEDRAL PROPERTIES LLC et al., Defendants, and 171 EAST 102ND LLC, Appellant.

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

December 6, 2012.


171 established its entitlement to judgment as a matter of law. 171 submitted evidence showing that it did not own the subject building until May 2009, which was approximately 10 years after the youngest infant plaintiff was allegedly injured and after all of the infant plaintiffs were over the age of seven (see Juarez v Wavecrest Mgt. Team, 88 N.Y.2d 628, 646-647 [1996]; Duarte v Community Realty Corp., 42...

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