Summary
In Gordy, the injured plaintiff sued the City of New York after sustaining injuries in a slip and fall on an icy sidewalk.
Summary of this case from Boorstein v. 1261 48th St. CondominiumOpinion
No. 1483.
November 17, 2009.
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.
Raymond Schwartzberg Associates, PLLC, New York (Raymond B. Schwartzberg of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Susan Choi-Hausman of counsel), for respondent.
Before: Gonzalez, P.J., Saxe, McGuire and 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). Plaintiffs 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]).