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Pryor v. City of New York

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 11, 2009

PAMELA PRYOR, ET AL., PLAINTIFFS-APPELLANTS,
v.
THE CITY OF NEW YORK, ET AL., DEFENDANTS, JUDLAU CONTRACTING, INC., DEFENDANT-RESPONDENT.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered April 11, 2008, which, in an action for personal injuries allegedly sustained as the result of a trip and fall over an exposed base plate for a sidewalk bollard, granted defendant-respondent's motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Nardelli, Catterson, Renwick, Richter, JJ.

116851/02

Respondent made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence that it performed no construction work at or near the area where plaintiff fell. In opposition, plaintiff failed to raise a triable issue of fact. The testimony of plaintiff's expert as to the cause of the accident was speculative and without support in the record, and, as such, insufficient to support a finding that respondent performed any work where plaintiff fell (see Reyes v Kimball, Div. of Kimball Intl. Mktg., 269 AD2d 156, 157 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090611

© 1992-2009 VersusLaw Inc.



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