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Hawthorne v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 25, 2007
44 A.D.3d 544 (N.Y. App. Div. 2007)

Opinion

No. 1819.

October 25, 2007.

Order, Supreme Court, Bronx County (John A. Barone, J.), entered May 19, 2006, which denied defendant-appellant's motion for summary judgment dismissing the complaint and cross claim as asserted against him, unanimously affirmed, without costs.

Altman Altman, Bronx (Joseph A. Altman of counsel), for appellant.

Pollack, Pollack, Isaac DeCicco, New York (Brian J. Isaac of counsel), for Gwendolyn Hawthorne, respondent.

Cullen and Dykman, LLP, Brooklyn (Joseph Miller of counsel), for The New York City Housing Authority, respondent.

Before: Mazzarelli, J.P., Marlow, Sullivan, Gonzalez and McGuire, JJ.


Denial of summary judgment was appropriate since appellant failed to make a prima facie showing of entitlement to judgment as a matter of law. Plaintiff was bitten by a dog in the lobby of a building, and the record is replete with triable factual issues, including, inter alia, who owned the dog, whether appellant lived in the same apartment as the dog, and who was in control of the dog. Appellant's conclusory statements that he had no connection to the subject dog were insufficient to meet his burden, and his belated attempt to cure the deficiencies in his prima facie showing by raising new facts and arguments in reply was improper (see Scansarole v Madison Sq. Garden, L.P., 33 AD3d 517). Summary judgment was also properly denied as premature in light of the minimal discovery that has taken place (see George v New York City Tr. Auth., 306 AD2d 160, 161).


Summaries of

Hawthorne v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 25, 2007
44 A.D.3d 544 (N.Y. App. Div. 2007)
Case details for

Hawthorne v. City of New York

Case Details

Full title:GWENDOLYN HAWTHORNE, Respondent, v. CITY OF NEW YORK et al., Defendants…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 25, 2007

Citations

44 A.D.3d 544 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8000
844 N.Y.S.2d 35

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