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Pryor v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 2009
63 A.D.3d 508 (N.Y. App. Div. 2009)

Opinion

June 11, 2009.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered April 11, 2008, which, in an action for personal injuries allegedly sustained as the result of a trip and fall over an exposed baseplate for a sidewalk bollard, granted defendant-respondent's motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

Before: Tom, J.P., Nardelli, Catterson, Renwick and Richter, JJ.


Respondent made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence that it performed no construction work at or near the area where plaintiff fell. In opposition, plaintiff failed to raise a triable issue of fact. The testimony of plaintiffs expert as to the cause of the accident was speculative and without support in the record, and, as such, insufficient to support a finding that respondent performed any work where plaintiff fell ( see Reyes v Kimball, Div. of Kimball Intl. Mktg., 269 AD2d 156, 157).


Summaries of

Pryor v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 2009
63 A.D.3d 508 (N.Y. App. Div. 2009)
Case details for

Pryor v. City of New York

Case Details

Full title:PAMELA PRYOR et al., Appellants, v. CITY OF NEW YORK et al., Defendants…

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

Date published: Jun 11, 2009

Citations

63 A.D.3d 508 (N.Y. App. Div. 2009)
879 N.Y.S.2d 716

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