Rosa v Bronx Mall, Inc.
2012 NY Slip Op 03768 [95 AD3d 609]
May 15, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 27, 2012


Isis Rosa, an Infant, by Her Mother and Natural Guardian, Jouchabelle Rosa, et al., Appellants,
v
Bronx Mall, Inc., et al., Defendants. General Cinema Corp. of New York, Individually and Doing Business as General Cinema's Bay Plaza Cinema, AMC-GCT, Inc., Respondent.

—[*1] Wingate, Russotti, Shapiro & Halperin, LLP, New York (Kenneth J. Halperin of counsel), for appellants.

Henderson & Brennan, White Plains (John T. Brennan of counsel), for respondent.

Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered March 18, 2011, which, to the extent appealed from as limited by the briefs, granted the motion of defendant General Cinema Corp. of New York, Inc. for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Although defendant met its prima facie burden, plaintiffs' submissions are sufficient to raise questions of fact. Concur—Mazzarelli, J.P., Catterson, Moskowitz, Richter and Manzanet-Daniels, JJ.