Sofsky v. Rosenberg

Order, Supreme Court, New York County (Eugene Nardelli, J.), entered February 22, 1989, which denied defendant Rosenberg’s motion for summary judgment, and order of the same court, entered July 5, 1989, which, upon reargument, denied defendant Pomeranz’ cross motion for summary judgment, reversed, on the law and the facts, defendants’ motions are granted and the complaint is dismissed, without costs.

Contrary to the finding of the Supreme Court, the record fails to establish the existence of triable issues of fact warranting the denial of defendant Rosenberg’s motion and defendant Pomeranz’…