LURIE v. BROOKLYN UNION GAS COMPANY


29 A.D.3d 538 (2006)

813 N.Y.S.2d 670

ROBIN LURIE, Respondent, v. BROOKLYN UNION GAS COMPANY, Also Known as KEYSPAN ENERGY DELIVERY, INC., Appellant, and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent.

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

May 2, 2006.


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellant's contentions, it did not establish a prima facie case for summary judgment dismissing the complaint and all cross claims insofar as asserted against it. The appellant failed to submit sufficient evidence in admissible form, demonstrating the absence of a triable issue of fact regarding whether it created the alleged hazard (see Rengifo v City of New York, ...

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