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A&M EAST BROADWAY LLC v. HONG KONG SUPERMARKET, INC.

1495, 117746/09.

140 A.D.3d 535 (2016)

34 N.Y.S.3d 431

2016 NY Slip Op 04813

A&M EAST BROADWAY LLC et al., Respondents, v. HONG KONG SUPERMARKET, INC., Appellant, et al., Defendant.

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

Decided June 16, 2016.

Although the supermarket moved for summary judgment within the extended time limit ordered by the motion court, the court correctly denied the motion on the merits, since the supermarket failed to make a prima facie showing of its entitlement to judgment as a matter of law (see Alvarez v 21st Century Renovations Ltd., 66 A.D.3d 524, 525 [1st Dept 2009]). A fire incident report submitted by the supermarket indicated that the fire...

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