BUTNIK v. LUNA PARK HOUSING CORP.

2018-04630. Index No. 502337/14.

200 A.D.3d 1013 (2021)

160 N.Y.S.3d 80

2021 NY Slip Op 07314

Suellen Butnik et al., Appellants, v. Luna Park Housing Corp., Respondent, et al., Defendant. (And Third-Party Actions.)

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

Decided December 22, 2021.


Attorney(s) appearing for the Case

Zaremba Brown PLLC (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Jillian Rosen ], of counsel), for appellants.

Babchik & Young, LLP, White Plains, NY ( Carol G. Morokoff and Jordan Sklar of counsel), for respondent.

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, NY ( I. Elie Herman of counsel), for defendant Technical Construction Services, Inc.

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, NY ( Louise M. Cherkis of counsel), for third-party/second third-party defendant Toron Restoration Corp.

Dillon, J.P., Christopher, Wooten and Zayas, JJ., concur.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the defendant Luna Park Housing Corp. which was for summary judgment dismissing the complaint insofar as asserted against it is denied, the complaint is reinstated insofar as asserted against that defendant, and the order is modified accordingly.

On June 27, 2013, the plaintiff Suellen Butnik (hereinafter...

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