Gloria Cortes, Plaintiff–Appellant, v. MMC (2017)

Supreme Court, Appellate Division, First Department.

Gloria Cortes, Plaintiff–Appellant, v. MMC Residential Corp., I., Inc., Defendant–Respondent.

3153

Decided: May 02, 2017

Acosta, J.P., Renwick, Moskowitz, Feinman, Gesmer, JJ.

Shayne, Dachs, Sauer & Dachs, LLP, Mineola (Jonathan A. Dachs of counsel), for appellant. Kaufman Borgeest & Ryan LLP, Valhalla (David Bloom of counsel), for respondent.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered December 28, 2015, which granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

As the movant on a motion to dismiss the complaint pursuant to CPLR 3212, the burden is on defendant to establish its prima facie entitlement to summary judgment (Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985] ). Defendant's moving papers did not make a prima facie showing that it was an out-of-possession landlord (Winegrad, 64 N.Y.2d at 853). Defendant also did not make a prima facie showing that MMC is an alter ego of Montefiore (see Ortiz v Rose Nederlander Assoc., Inc., 90 AD3d 454, 454 [1st Dept 2011] ).

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network