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CLARK v. CITY OF NEW YORK

43 A.D.3d 419 (2007)

840 N.Y.S.2d 301

ANTHONY CLARK, Respondent, v. CITY OF NEW YORK, Respondent, KEYSPAN ENERGY CORPORATION, Appellant, et al., Defendant.

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

Decided August 14, 2007.

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

The defendant Keyspan Energy Corporation failed to meet its initial burden of establishing a prima facie case that neither it nor its contractor caused or created the alleged defective condition, mounds of tar around a manhole cover, that purportedly caused the plaintiff's accident (see Selby v City of New York, 34 A.D.3d 440 [2006]; Cucuzza...

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