Forest Medical Professional Condominium v. Tiburzi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted summary judgment dismissing the complaint against defendants Davis R. Tiburzi, D.R.T. Development Corp. and Barden & Robeson Corporation. Plaintiff failed to controvert evidence that D.R.T. Development Corp. was incorporated on April 10, 1990, and thus could not have been involved in any construction or repair work performed prior to 1990. Although plaintiff submitted hearsay evidence that Barden & Robeson Corporation may have been involved in the initial construction of the building, hearsay alone is not…
2Cases cited9 opinions
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- Meath v. MishrickNew York Court of Appeals · 1986
- State v. LundinNew York Court of Appeals · 1983
- Cabrini Medical Center v. DesinaNew York Court of Appeals · 1985
- Phillips Construction Co. v. City of New YorkNew York Court of Appeals · 1984
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3Cited by2 opinions
- Sunfirst Federal Credit Union v. Empire InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
- Donaldson Acoustics, Inc. v. New York Institute of TechnologyAppellate Division of the Supreme Court of the State of New York · 1998