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BERKOWITZ v. VIVAD, INC.

61 A.D.3d 625 (2009)

876 N.Y.S.2d 500

MICHAEL BERKOWITZ, Respondent, v. VIVAD, INC., et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 7, 2009.

Ordered that the judgment is reversed, on the law, with costs, that branch of the motion which was for summary judgment on the complaint insofar as asserted against the appellants is denied, and the order dated December 21, 2006 is modified accordingly.

The plaintiff failed to establish his entitlement to judgment as a matter of law on any of the causes of action insofar as asserted against the appellants. Accordingly, that...

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