Rosa v Bronx Mall, Inc.

Rosa v Bronx Mall, Inc. 2012 NY Slip Op 03768 Decided on May 15, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 15, 2012
Mazzarelli, J.P., Catterson, Moskowitz, Richter, Manzanet-Daniels, JJ.
7643 15297/03

[*1]Isis Rosa, etc., et al., Plaintiffs-Appellants, The

v

Bronx Mall, Inc., et al., Defendants, General Cinema Corp. of New York, etc., Defendant-Respondent.




Wingate, Russotti, Shapiro & Halperin, LLP, New York
(Kenneth J. Halperin of counsel), for appellants.
Henderson & Brennan, White Plains (John T. Brennan of
counsel), for respondent.

Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered March 18, 2011, which, to the extent appealed from as limited by the briefs, granted the motion of defendant General Cinema Corp. of New York, Inc. for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Although defendant met its prima facie burden, plaintiffs' submissions are sufficient to raise questions of fact.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 15, 2012

CLERK