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MATTER OF BRUCKNER REALTY LLC v. CRUZ

No. 230 SSM 28.

28 N.Y.3d 1138 (2016)

69 N.E.3d 622

46 N.Y.S.3d 835

2016 NY Slip Op 08486

In the Matter of BRUCKNER REALTY LLC, Appellant, v. JEANETTE CRUZ, Respondent.

Court of Appeals of New York.

Decided December 20, 2016.

Attorney(s) appearing for the Case

Sontag & Hyman, P.C., Roslyn Heights (Marc H. Hyman of counsel), for appellant.

Jeanette Cruz, respondent pro se.

Concur: Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. Petitioner failed to satisfy its burden on its motion for summary judgment of making a prima facie showing of entitlement to judgment as a...

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