Mangual v. U.S.A. Realty Corp.

Order, Supreme Court, Bronx County (Paul Victor, J.), entered November 13, 2008, which, insofar as appealed from in this action for personal injuries sustained while exiting a building owned by defendant U.S.A. Realty Corp., denied defendant Banarsee’s motion for partial summary judgment dismissing the complaint as against her, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of Banarsee dismissing the complaint as against her.

The motion court erred in finding that an issue of fact existed concerning Banarsee’s status as…