PEREZ v. MODINA LIVE POULTRY, INC.


284 A.D.2d 150 (2001)

725 N.Y.S.2d 549

MERCEDES PEREZ, Plaintiff, v. MODINA LIVE POULTRY, INC., et al., Defendants and Third-Party Plaintiffs-Appellants. CITY OF NEW YORK, Third-Party Defendant-Respondent. (And Another Action.)

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

Decided June 7, 2001.


Summary judgment was properly granted. In view of the absence of evidence contradicting or otherwise raising a material question as to those portions of plaintiff's deposition testimony in which she repeatedly states that her accident occurred on third-party plaintiffs' premises, there existed no triable issue as to the site of plaintiff's accident warranting denial of third-party defendant's cross motion for summary judgment (see, Zuckerman v City of New York,

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