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ANGLIN v. CITY OF NEW YORK

33 A.D.3d 541 (2006)

823 N.Y.S.2d 69

TERRENCE ANGLIN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 26, 2006.

The motion was properly granted on the ground that plaintiff's expert's affidavit was unresponsive to defendants' expert's affidavit prima facie establishing that the doors and their glass panels fully complied with the Building Code and were not otherwise defective (see Wallach v American Home Prods. Corp., 300 A.D.2d 576 [2002]). Plaintiff's challenge to the evidentiary foundation of defendant's expert's affidavit are unpreserved...

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