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