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Paul Viselli et al., Appellants, v. The Riverbay Corporation, Respondent.

Viselli v. Riverbay

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On review of submissions pursuant to section 500.11 of the Rules, order modified, without costs, by denying defendant’s motion for summary judgment as to the General Municipal Law § 205-a cause of action and, as so modified, affirmed. With respect to the General Municipal Law § 205- a cause of action, defendant’s submissions of a certificate of occupancy and an expert affidavit that did not sufficiently respond to plaintiffs’ General Municipal Law § 205-a claim were insufficient, without more, to meet its prima facie burden as the party moving for summary judgment (see Powers v 31 E 31 LLC, 24 NY3d 84, 93 [2014]). We have considered plaintiffs’ remaining arguments and find them to be without merit. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

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