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Barros v. City of New York

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 15, 2009

JOHANNA BARROS, AN INFANT BY HER MOTHER AND NATURAL GUARDIAN, JANET ALVIA, ET AL., PLAINTIFFS-RESPONDENTS,
v.
THE CITY OF NEW YORK, DEFENDANT-RESPONDENT, BILTWEL GENERAL CONTRACTOR CORP., DEFENDANT-APPELLANT.

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 22, 2008, which denied defendant-appellant's motion for summary judgment dismissing the complaint and all cross claims 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.

Andrias, J.P., Sweeny, Nardelli, Richter, Abdus-Salaam, JJ.

13008/98

Appellant failed to make a prima facie showing eliminating all material issues of fact from the case (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]).

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

20091015

© 1992-2009 VersusLaw Inc.



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