WASHINGTON REALTY OWNERS, LLC v. 260 WASHINGTON ST., LLC

9807, 603169/09.

105 A.D.3d 675 (2013)

964 N.Y.S.2d 137

2013 NY Slip Op 3031

WASHINGTON REALTY OWNERS, LLC, Appellant, v. 260 WASHINGTON STREET, LLC, Respondent.

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

Decided April 30, 2013.


Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered February 10, 2012, which granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and motion denied. Prior Case History: 2012 NY Slip Op 30336(U).

The motion court erred when it determined that defendant met its prima facie burden since defendant failed to include all of the pleadings. Although CPLR 3212 (b) requires that a motion...

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