New York State Teachers' Retirement System v. Huberty

Appeal from an order of the Supreme Court at Special Term, entered October 8, 1975 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint. This case was previously before this court on an appeal from the denial of a motion to dismiss the complaint and the decision therein sets forth the relevant background to this appeal (New York State Teachers’ Retirement System v Huberty, 48 AD2d 741). Upon the present motion for summary judgment the defendant, Huberty, submitted an affidavit wherein he stated that there had been an occupancy of a portion of the…