Majority
p. 991Haruhiko Watanabe et al., as Coadministrators of the Estate of Sayuri Watanabe, Deceased, Respondents, v Thurber Street Associates Corp. et al., Defendants, and Sutton Real Estate Co., Inc., Appellant. [671 NYS2d 384]
—Order unanimously affirmed without costs. Memorandum: Viewing the evidence submitted by plaintiffs in the light most favorable to them, we conclude that it arguably raises a triable issue of fact. The motion of defendant Sutton Real Estate Co., Inc., for summary judgment therefore was properly denied (see, Ferrante v County of Nassau, 226 AD2d 1135 ; Smith v Key Bank, 206 AD2d 848 , 849; Hourigan v McGarry, 106 AD2d 845 , 845-846). (Appeal from Order of Supreme Court, Onondaga County, Hayes, J. — Summary Judgment.) Present — Pine, J. P., Lawton, Wisner, Balio and Boehm, JJ.
Cases cited
- Hourigan v. McGarry 106 AD2d 845 at 845-846 p. 991