CALDERON v. CITY OF NEW YORK


13 A.D.3d 569 (2004)

788 N.Y.S.2d 130

FELIX CALDERON et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

December 27, 2004.


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

The defendants City of New York, Associated Auto Radiator, Inc., Manuel Batista, and Robin CST Construction (hereinafter the respondents) made a prima facie showing of entitlement to judgment as a matter of law, tendering evidence sufficient to demonstrate the absence...

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