NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
November 17, 2009
WILLIE GORDY, PLAINTIFF-APPELLANT,
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.
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 ). 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] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
© 1992-2009 VersusLaw Inc.