Peach Parking Corp. v. 346 West 40th Street, LLC

*418Order, Supreme Court, New York County (Walter B. Tolub, J.), entered January 5, 2007, which, to the extent appealed from, denied the motion of defendant Kinney System, Inc. (Kinney) for summary judgment dismissing the complaint and cross claims asserted against it, unanimously affirmed, with costs.

In this action to determine which of the parties is responsible for the cost of repairing the subject building that is used as a parking garage, the motion court properly determined that triable issues preclude summary judgment in Kinney’s favor, including whether Kinney accepted defendant owner 346…