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LOWENSTERN v. SHERMAN SQUARE REALTY CORP.

570997/12.

143 A.D.3d 562 (2016)

2016 NY Slip Op 06866

38 N.Y.S.3d 899

BARBARA A. LOWENSTERN, Respondent, v. SHERMAN SQUARE REALTY CORP. et al., Appellants.

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

Decided October 20, 2016.

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 submitted by defendants in support of their motion to dismiss was not documentary evidence and does...

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