Opinion
November 30, 1999
Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about May 20, 1998, which denied defendant-appellant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Robert M. Marino, for Plaintiffs-Respondents.
Ronald Cohen, for Defendant-Appellant.
ELLERIN, P.J., WILLIAMS, LERNER, RUBIN, SAXE, JJ.
The court properly denied defendant-appellant's motion for summary judgment since the documentary and testimonial evidence establish the existence of a triable issue of fact as to whether defendant-appellant was an entity related to the Tenants Association, which allegedly managed the building at the time the fire in question occurred (Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc., 46 N.Y.2d 1065).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.