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CINCOTTA v. CITY OF NEW YORK

292 A.D.2d 558 (2002)

739 N.Y.S.2d 594

LILLIAN CINCOTTA, Respondent, v. CITY OF NEW YORK et al., Respondents, BRUZZESE & SONS CONSTRUCTION CORP. et al., Appellants, et al., Defendant.

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

Decided March 25, 2002.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The appellants failed to satisfy their initial burden of making a prima facie showing of entitlement to judgment as a matter of law, by eliminating any triable issues of fact from the case (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851). Since the appellants' motion...

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