VISELLI v. RIVERBAY CORPORATION (2018)

Court of Appeals of New York.

Paul VISELLI et al., Appellants, v. The RIVERBAY CORPORATION, Respondent.

No. 131 SSM 20

Decided: September 06, 2018

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.

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