Lowenstern v. Sherman Square Realty Corp.

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered on or about April 10, 2015, which denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, without costs.

Supreme Court properly denied the motion to dismiss pursuant to CPLR 3211 (a) (7), because the complaint adequately pleaded a cause of action sounding in negligence.

In addition, Supreme Court properly denied defendants’ motion to dismiss pursuant to CPLR 3211 (a) (1), because the climactical records do not conclusively refute the complaint’s allegations. The affidavit…