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Gordy v. City of New York

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


November 17, 2009

WILLIE GORDY, PLAINTIFF-APPELLANT,
v.
THE CITY OF NEW YORK, DEFENDANT-RESPONDENT.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered August 5, 2008, which, in an action for personal injuries sustained in a slip and fall on a patch of ice on a sidewalk, granted defendant's motion for summary judgment dismissing the complaint, 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.

Gonzalez, P.J., Saxe, McGuire, Acosta, JJ.

7442/05

Defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence demonstrating that the property that abutted the sidewalk where the accident occurred was a two-family dwelling owned by a corporate entity, and thus was not owner-occupied (Administrative Code of City of NY § 7-210; see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Plaintiff's opposition did not raise a triable issue of fact as he failed to submit evidence regarding the occupancy of the property (see Faulk v City of New York, 16 Misc 3d 1108[A], 2007 NY Slip Op 51346[U] [2007]).

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

20091117

© 1992-2009 VersusLaw Inc.



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