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Richard Santana et al., Respondents, v. City of New York et al., Defendants, and 500 West 174th Street Housing Development Fund Corporation, Appellant. (And Other Actions.)

New York Supreme Court, Appellate Division1999-11-30
266 A.D.2d 134698 N.Y.S.2d 481

Authorities cited

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Opinion

majority opinion

—Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about May 20, 1998, which denied defendant-appellant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly denied defendant-appellant’s motion for summary judgment since the documentary and testimonial evidence establish the existence of a triable issue of fact as to whether defendant-appellant was. an entity related to the Tenants Association, which allegedly managed the building at the time the fire in question occurred (Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065). Concur — Ellerin, P. J., Williams, Lerner, Rubin and Saxe, JJ.