Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)

Citation: Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)
Parent Document: Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)
Jurisdiction: New York (state)
Effective Date: 2022-06-29
Original Source: https://www.courtlistener.com/opinion/6620002/sapp-v-clark-wilson-inc/ ↗

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There are issues of fact, or, at the very least, a need for discovery by the appealing plaintiffs (hereinafter the plaintiffs), that preclude an award of summary judgment to the defendants Clark Wilson, Inc., Clark Assoc., Inc., Wilson Flat, Inc., Wilson Mer Assoc., Inc., Wilson-Hins Assoc., and Wilson Han Assoc., Inc. (hereinafter the owners), in this consolidated action. Accordingly, I vote to reverse the judgment of the Supreme Court, Kings County (Peter P. Sweeney, [*4]J.), dated November 13, 2018, insofar as appealed from, and deny those branches of the owners' motion which were for summary judgment dismissing the first, second, and third causes of action insofar as asserted against them by the plaintiffs.

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