LA ROSA v. NEW YORK CITY HOUSING AUTHORITY


260 A.D.2d 424 (1999)

686 N.Y.S.2d 717

DAVID DE LA ROSA et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. CITY OF NEW YORK, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 12, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint, cross claims, and counterclaims of the third-party defendant are dismissed insofar as asserted against the defendant third-party plaintiff New York City Housing Authority, and the action against the remaining defendants is severed.

In moving for summary judgment, the appellant met its initial burden of demonstrating that it lacked actual or constructive notice of an alleged...

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