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PEREZ v. CITY OF NEW YORK

25 A.D.3d 772 (2006)

807 N.Y.S.2d 577

BEATRIZ PEREZ, Plaintiff, v. CITY OF NEW YORK, Defendant. (Action No. 1.) BEATRIZ PEREZ, Respondent, v. P.K.L. CORP., Doing Business as CHUNG KIWA RESTAURANT, Appellant. (Action No. 2.)

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

January 31, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contention, the Supreme Court properly denied its cross motion for summary judgment dismissing the complaint in action No. 2. The defendant established, prima facie, its entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). However, in opposition, the plaintiff submitted evidence...

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