Roggenburg v. Rockefeller Center, Inc.

158 A.D.2d 332, 551 N.Y.S.2d 825, 1990 N.Y. App. Div. LEXIS 1224

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 8, 1990
• Status: Published

Opinion

Questions of fact exist as to the title ownership of the premises. Plaintiff has established that, at one time, the premises were owned by a corporation named Rockefeller Center, Inc. While the present defendant denies that it is the same corporation, no evidence has been adduced regarding whether a corporate entity of the same name existed in the past or whether the present defendant is related to a prior corporation of the same name. Under these circumstances, the motion was properly denied. Concur—Kupferman, J. P., Milonas, Asch, Wallach and Rubin, JJ.