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BRANDYWINE RLTY TR. v. BLODNICK

Appellate Division of the Supreme Court of New York, Second Department.
Mar 8, 2004
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellants' motion for summary judgment dismissing the complaint insofar as asserted against them. In opposition to the appellants' prima facie showing of entitlement to judgment as a matter of law, the plaintiff raised triable issues of fact as to the appellants' successor liability for the subject lease ( see Schumacher v. Richards Shear Co., 59 N.Y.2d 239, 245; Jelvakov v. AHL Processing Equip., A.D.3d [2d Dept, Jan. 20, 2004]; Fitzgerald v. Fahnestock Co., 286 A.D.2d 573; Ladenburg Thalmann Co. v. Tim's Amusements, 275 A.D.2d 243; Graham v. James, 144 F.3d 229, 240 [2d Cir 1998]).

KRAUSMAN, J.P., SCHMIDT, COZIER and MASTRO, JJ., concur.