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EMFT, LLC v. NEW YORK CITY DEPT. OF TRANSP.

Index No. 158695/17. Appeal No. 15681. Case No. 2020-02385.

204 A.D.3d 437 (2022)

164 N.Y.S.3d 428

2022 NY Slip Op 02337

EMFT, LLC, et al., Respondents, and 373-375 Broadway, LLC, Respondent-Appellant, v. New York City Department of Transportation et al., Defendants, and Broadway 371, LLC, et al., Appellants-Respondents.

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

Decided April 7, 2022.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Evan H. Krinick, of counsel) for appellants-respondents.

Wilk Auslander LLP, New York (Michael T. Contos, of counsel) for respondent-appellant.

Bornstein Turkel, P.C., New York (Avram Turkel, of counsel) for EMFT, LLC, respondent.

Stern Tannenbaum & Bell LLP, New York (Karen S. Frieman, of counsel) for 70 Franklin Place LLC, respondent.

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York (Paul N. Gruber, of counsel) for 377 Broadway Condominium, respondent.

Concur—Manzanet-Daniels, J.P., Kern, Gesmer, Oing, Rodriguez, JJ.

The sponsor defendants failed to establish their prima facie entitlement to summary judgment, as the record presents factual issues regarding whether they owned parking spaces at the garage on Franklin Place, and whether that ownership, even if it existed, would confer standing to bring a counterclaim with respect to the easement. On appeal, the sponsor defendants contend that they have "something truly at stake in a genuine controversy" (Saratoga County Chamber of Commerce...

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