New York Supreme and/or Appellate Courts Appellate Division, First Department
May 15, 2012
ISIS ROSA, ETC., ET AL., PLAINTIFFS-APPELLANTS, THE
BRONX MALL, INC., ET AL.,
GENERAL CINEMA CORP. OF NEW YORK, ETC.,
Rosa v Bronx Mall, Inc.
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.
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
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