Opinion
No. 131 SSM 20
09-06-2018
Paul VISELLI et al., Appellants, v. The RIVERBAY CORPORATION, Respondent.
Sullivan Papain Block McGrath & Cannavo P.C., New York City (Stephen C. Glasser of counsel), for appellants. Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York City (Vanessa M. Corchia of counsel), for respondent.
Sullivan Papain Block McGrath & Cannavo P.C., New York City (Stephen C. Glasser of counsel), for appellants.
Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York City (Vanessa M. Corchia of counsel), for respondent.
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 modified, without costs, by denying defendant's motion for summary judgment as to the General Municipal Law § 205–a cause of action and, as so modified, affirmed. With respect to the General Municipal Law § 205–a cause of action, defendant's submissions of a certificate of occupancy and an expert affidavit that did not sufficiently respond to plaintiffs' General Municipal Law § 205–a claim were insufficient, without more, to meet its prima facie burden as the party moving for summary judgment (see Powers v. 31 E 31 LLC, 24 N.Y.3d 84, 93, 996 N.Y.S.2d 210, 20 N.E.3d 990 [2014] ). We have considered plaintiffs' remaining arguments and find them to be without merit.
Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.