BAUTISTA v. 85TH COLUMBUS CORP.

302391/2010

42 Misc.3d 651 (2013)

976 N.Y.S.2d 806

2013 NY Slip Op 23402

NICHOLAS ROMERO BAUTISTA, Plaintiff, v. 85TH COLUMBUS CORPORATION et al., Defendants.

Supreme Court, Bronx County.

November 26, 2013.


Attorney(s) appearing for the Case

Farber Brocks & Zane LLP, Garden City ( Tracy L. Frankel of counsel), for defendants. Rosato & Lucciola, P.C., New York City ( Gerard A. Lucciola of counsel), for plaintiff.


OPINION OF THE COURT

SHARON A.M. AARONS, J.

Defendants move (1) for summary judgment pursuant to CPLR 3212 dismissing the first cause of action of the complaint against all defendants, and (2) to dismiss the second cause of action for failure to state a cause of action pursuant to CPLR 3211. Plaintiff submits written opposition. The defendants' motion is granted in its entirety, and the complaint is dismissed.

The instant motion presents an issue...

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