Onetti v. Gatsby Condominium

Order, Supreme Court, New York County (Carol Edmead, J.), entered March 9, 2012, which, to the extent appealed from as limited by the briefs, granted defendant Intell 65 East 96, LLC’s (Intell) motion for summary judgment, and denied defendant The Gatsby Condominium’s (Gatsby) motion for summary judgment with respect to plaintiffs’ negligence and breach of contract claims, unanimously modified, on the law, to the extent of denying Intell’s motion for summary judgment dismissing plaintiffs’ negligence claim, and otherwise affirmed, without costs. Appeal from order, same court and Justice,…