RODRIGUEZ v. CITY OF NEW YORK


272 A.D.2d 68 (2000)

707 N.Y.S.2d 828

ELIZABETH RODRIGUEZ, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided May 2, 2000.


Plaintiff's motion to strike the City's answer was properly denied, since the City did, in fact, respond to plaintiff's notice for discovery and inspection.

Defendant City's cross motion for summary judgment was properly granted, since plaintiff, in response to defendant's prima facie showing of entitlement to judgment as a matter of law, failed to raise an issue as to whether the City in its capacity as a landlord owed plaintiff's decedent, Justina Colon, a duty...

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