KELLY v. CITY OF NEW YORK


305 A.D.2d 464 (2003)

759 N.Y.S.2d 338

MICHAEL KELLY et al., Respondents, v. CITY OF NEW YORK, Defendant, and BANCKER CONSTRUCTION, Appellant.

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

Decided May 12, 2003.


Ordered that the order is affirmed, with costs.

The defendant Bancker Construction failed to demonstrate its prima facie entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]; Zuckerman v City of New York, 49 N.Y.2d 557 [1980]). Accordingly, the Supreme Court properly denied the motion...

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