Baker v. Riverhouse Realty Co.

—Order, Supreme Court, New York County (Edward Lehner, J.), entered November 29, 2001, which, inter alia, granted defendant Grace Co.’s motion for summary judgment dismissing the complaint as against it, and partially granted defendant Riverhouse’s motion for summary judgment dismissing the complaint as against it, unanimously modified, on the law, to deny Grace’s and Riverhouse’s motions for summary judgment in their entirety, and otherwise affirmed, without costs.

The motion court erred in granting defendant Grace’s motion for summary judgment since material questions of fact exist as to…