Opinion
2003-00557.
Decided March 8, 2004.
In an action to recover damages for breach of a lease, the defendants Blodnick, Gordon, Blodnick Zelin and Blodnick, Gordon, Fletcher Sibell, P.C., appeal from an order of the Supreme Court, Nassau County (Peck, J.), dated November 20, 2002, which denied their joint motion for summary judgment dismissing the complaint insofar as asserted against them.
Jules A. Epstein, P.C., Westbury, N.Y., for appellants.
Lazer, Aptheker, Rosella Yedid, P.C., Melville, N.Y. (David Lazer, Linda Toga, and Zachary Murdock of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., ROBERT W. SCHMIDT, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.
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.