MERCER v. 203 EAST 72ND STREET CORP.


300 A.D.2d 105 (2002)

751 N.Y.S.2d 457

ARTHUR MERCER, Appellant, v. 203 EAST 72ND STREET CORP., Appellant, and 27 W. 72 GOURMET, LTD., et al., Respondents, et al., Defendant.

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

Decided December 12, 2002.


The motion of 27 West for summary judgment was properly granted since 27 West, through the testimony of its comptroller, made a prima facie showing that it did not own or control the premises where plaintiff allegedly slipped and fell, and plaintiff did not meet his consequent burden to come forward with admissible opposing evidence sufficient to create a triable issue as to 27 West's ownership or control of the subject premises...

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