TIA OF N.Y., INC. v. I.J. LITWAK REALTY 1, LLC

2015-09291, Index No. 504183/13.

142 A.D.3d 606 (2016)

36 N.Y.S.3d 680

TIA OF NEW YORK, INC., Respondent, v. I.J. LITWAK REALTY 1, LLC, Defendant/Third-Party Plaintiff-Respondent. ULTRA FLEX PACKAGING CORP., Third-Party Defendant-Appellant.

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

Decided August 17, 2016.


Ordered that the order is affirmed, with costs.

Contrary to the contention of the third-party defendant Ultra Flex Packaging Corp. (hereinafter Ultra), the Supreme Court properly denied its motion for summary judgment dismissing the second cause of action of the third-party complaint, which alleged trespass. Ultra failed to demonstrate its prima facie entitlement to that relief, since its submissions failed to eliminate all triable issues of fact regarding whether...

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