Cruz v. Gibraltar Investors

Order, Supreme Court, New York County (Edward Lehner, J.), entered May 13, 1997, which, insofar as appealed from, denied plaintiffs’ motion for summary judgment on the issue of liability and granted the cross-motion of defendants M.P. Management Co. and Moshe Filler, the building’s managing agents, for summary judgment dismissing the complaint and cross-claims as against them, unanimously modified, on the law, to the extent of denying the cross-motion of defendants M.P. Management Co. and Moshe Filler, and otherwise affirmed, without costs.

It is well settled that a plaintiff who predicates a…