Clagnaz v. Danino

*902OPINION OF THE COURT

Wayne P. Saitta, J.

Plaintiffs move, pursuant to CPLR 3212, for an order granting them summary judgment and defendants cross-move for an order granting them summary judgment. Upon reviewing plaintiffs’ notice of motion for summary judgment, the affirmation in support of Anthony Reitano, Esq., the affidavit of Bridget Clagnaz all dated July 18, 2006 and all exhibits annexed thereto; the notice of cross motion, the affirmation of Mark J. Volpi, Esq., dated September 19, 2006 and exhibits annexed thereto, the memorandum of law in support of the cross motion, dated September…