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DAVILA v. CITY OF NEW YORK

Nos. 7590, 350514/08.

95 A.D.3d 560 (2012)

946 N.Y.S.2d 20

2012 NY Slip Op 3720

CYRUS DAVILA et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 10, 2012.

Defendants satisfied their initial burden by establishing prima facie that they had received no complaints or other indication that the door at issue was defective and thus, had neither actual nor constructive notice of such defect. The only evidence that the door was defective was the testimony of plaintiff and his brother that the doors were heavy and the fact that they closed with enough force to injure plaintiff. Summary judgment...

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