Berk v. 11 Atlantic Avenue Realty Corp.

Order unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following Memorandum: Supreme Court erred in granting the cross motion of defendant 11 Atlantic Avenue Realty Corp. (Atlantic Realty). The record establishes that Atlantic Realty was the owner of the premises where plaintiff Phyllis Berk (plaintiff) fell on June 29, 1990. In support of its cross motion, Atlantic Realty submitted an affirmation of its counsel asserting that Atlantic Realty had no duty to plaintiff and that there was no dangerous condition on its premises. Those…