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BARRAILLIER v. CITY OF NEW YORK

12 A.D.3d 168 (2004)

784 N.Y.S.2d 55

CARMEN BARRAILLIER, Respondent, v. CITY OF NEW YORK et al., Defendants, JUDLAU CONTRACTING INC., et al., Respondents, and BOVIS LEND LEASE LMB, INC., Appellant. (And a Third-Party Action.)

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

November 4, 2004.

Bovis failed to establish that there were no issues of fact concerning its contract to perform or supervise any construction work in the area where plaintiff tripped and fell (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Bovis did not set forth a prima facie showing of entitlement to summary judgment because the supporting affidavit of its executive vice-president did not indicate...

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