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CORTES v. MMC RESIDENTIAL CORP., I., INC.

3153. 309222/12.

150 A.D.3d 402 (2017)

2017 NY Slip Op 03449

54 N.Y.S.3d 849

GLORIA CORTES, Appellant, v. MMC RESIDENTIAL CORP., I., INC., Respondent.

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

Decided May 2, 2017.

As the movant on a motion to dismiss the complaint pursuant to CPLR 3212, the burden is on defendant to establish its prima facie entitlement to summary judgment (Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). Defendant's moving papers did not make a prima facie showing that it was an out-of-possession landlord (Winegrad, 64 NY2d at 853). Defendant also did not make a prima facie showing that MMC is an alter...

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