[*1]
West Shore Tennis Club, Inc. v Barton
2009 NY Slip Op 51282(U) [24 Misc 3d 127(A)]
Decided on January 26, 2009
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 26, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2008-912 RI C.

West Shore Tennis Club, Inc., Appellant,

against

James Barton, Respondent.


Appeal from an order of the Civil Court of the City of New York, Richmond County (Philip S. Straniere, J.), entered February 8, 2008. The order, insofar as appealed from, denied plaintiff's motion for summary judgment.


Order, insofar as appealed from, affirmed without costs.

A review of the record on appeal indicates that issues of fact exist with regard to the three causes of action set forth in plaintiff's complaint so as to warrant denial of plaintiff's motion for summary judgment (CPLR 3212 [b]; Andre v Pomeroy, 35 NY2d 361 [1974]; Akseizer v Kramer, 265 AD2d 356 [1999]).

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: January 26, 2009