General

Arthur Schuster, Deceased, by Ronnie Siegel, as Executrix, Respondent, v. 79th Street Parking Corp. et al., Appellants, et al., Defendants. (And a Third-Party Action.)

248 A.D.2d 147670 N.Y.S.2d 72·New York Supreme Court, Appellate Division·1998·NY

Concur— Rosenberger, J. P., Ellerin, Wallach and Rubin, JJ.

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Opinion

Arthur Schuster, Deceased, by Ronnie Siegel, as Executrix, Respondent, v 79th Street Parking Corp. et al., Appellants, et al., Defendants. (And a Third-Party Action.) [670 NYS2d 72] [MAJORITY] —Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about September 3, 1997, which denied defendants-appellants’ cross motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs. The motion was properly denied on the ground that defendants-appellants failed to make a prima facie showing of entitlement to summary judgment as a matter of law (Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). Concur— Rosenberger, J. P., Ellerin, Wallach and Rubin, JJ.