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LAVAUD v. CITY OF NEW YORK

45 A.D.3d 536 (2007)

844 N.Y.S.2d 719

JEAN LAVAUD, Respondent, v. CITY OF NEW YORK, Respondent, BROOKLYN UNION GAS COMPANY et al., Appellants, et al., Defendants.

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

Decided November 7, 2007.

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

The appellants failed to show, prima facie, their entitlement to summary judgment by submitting evidence sufficient to eliminate all triable issues of fact as to whether they performed any work where the accident occurred and, if so, whether they were negligent in the performance of their work (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851

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