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SELBY v. CITY OF NEW YORK

34 A.D.3d 440 (2006)

823 N.Y.S.2d 515

COTTIE SELBY et al., Respondents, v. CITY OF NEW YORK, Respondent, and KEYSPAN ENERGY DELIVERY, NYC, Appellant.

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

Decided November 8, 2006.

Ordered that the orders are affirmed, with one bill of costs.

Although the defendant Keyspan Energy Delivery, NYC (hereinafter Keyspan), submitted evidence sufficient to establish its prima facie entitlement to judgment as a matter of law (see Shvartsberg v City of New York, 19 A.D.3d 578, 579 [2005]), in opposition, the plaintiffs raised a triable issue of fact as to whether Keyspan...

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