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Bruckner Realty LLC v. Cruz

28 N.Y.3d 1138 Court N.Y. Decision date 2016-12-20 English

Judges Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.

Contents

Majority

p. 1138
[69 NE3d 622, 46 NYS3d 835]
In the Matter of Bruckner Realty LLC, Appellant, v Jeanette Cruz, Respondent.
Decided December 20, 2016
p. 1139
APPEARANCES OF COUNSEL
Sontag & Hyman, RC., Roslyn Heights {Marc H. Hyman of counsel), for appellant.
Jeanette Cruz, respondent pro se.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. Petitioner failed to satisfy its burden on its motion for summary judgment of making a prima facie showing of entitlement to judgment as a matter of law.

p. 1140
Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.