Legal Opinion

Flores v. Cathedral Properties LLC

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 2012Published

1Opinion of the Court

171 established its entitlement to judgment as a matter of law. 171 submitted evidence showing that it did not own the subject building until May 2009, which was approximately 10 years after the youngest infant plaintiff was allegedly injured and after all of the infant plaintiffs were over the age of seven (see Juarez v Wavecrest Mgt. Team, 88 NY2d 628, 646-647 [1996]; Duarte v Community Realty Corp., 42 AD3d 480 [2d Dept 2007]; see also Hanlan v Parkchester N. Condominium, Inc., 32 AD3d 799 [1st Dept 2006]).

Plaintiffs’ opposition failed to raise a triable issue of fact. Plaintiffs submitted…

2Cases cited5 opinions

  1. Auerbach v. BennettNew York Court of Appeals · 1979
  2. Juarez v. Wavecrest Management Team Ltd.New York Court of Appeals · 1996
  3. Andrade v. WongAppellate Division of the Supreme Court of the State of New York · 1998
  4. Duarte v. Community Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Hanlan v. Parkchester North Condominium, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

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