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Rojas v. Roche

Summary Judgment Denied in Case Involving Two-Family Household

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1. In the final paragraph of plaintiff Rojas’ affidavit in opposition to defendant’s motion for summary judgment, the plaintiff asks this Court to award plaintiffs summary judgment. Plaintiffs failed to file a properly noticed cross-motion and the Court declines to consider plaintiffs’ prayer for such relief. 2. Plaintiffs contend that plaintiff F.R. inherited a share of 575 Beck Street from Sara Roche. Plaintiffs do not specify whether this inheritance was passed by operation of law or by devise. Notably, plaintiffs do not annex a copy of a testamentary documents relating to the estate of Sara Roche, although defendant admits plaintiff’s son, plaintiff F.R., is his grandson. 3. As discussed in greater detail below, the infant plaintiff has attained the age of majority, and plaintiff seeks leave amend the caption to reflect this fact. 4. Defendant also baldly asserts in defendant’s affidavit that plaintiff collected an unspecified amount of rent from the tenants in connection with an unidentified parking spot in the Bronx. Defendant does not state the basis for this conclusion which appears to be speculation. 5. NYSCEF Form EF 23 can be found at the following link: https://iappscontent.courts.state.ny.us/NYSCEF/live/forms.htm

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