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GUERRA v. 100 STEVENS AVE. LLC

Index No. 153998/17, Appeal No. 2246, Case No. 2023-00662.

2024 NY Slip Op 02593

NANCY GUERRA, Plaintiff-Respondent, v. 100 STEVENS AVENUE LLC, Defendant-Appellant.

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

Decided May 9, 2024.

Attorney(s) appearing for the Case

Morris Duffy Alonso Faley & Pitcoff, New York ( Iryna S. Krauchanka of counsel), for appellant.

Elefterakis, Elefterakis & Panek, New York ( Gennaro Savastano of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Singh, Kapnick, Gesmer, Rodriguez, JJ.

Order, Supreme Court, New York County (Shlomo Hagler, J.), entered on or about July 19, 2022, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Since defendant failed to meet its initial burden, the court should have denied the motion without regard to the sufficiency of plaintiff's papers in opposition (see generally Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851

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