HAWTHORNE v. CITY OF NEW YORK


44 A.D.3d 544 (2007)

844 N.Y.S.2d 35

GWENDOLYN HAWTHORNE, Respondent, v. CITY OF NEW YORK et al., Defendants, NEW YORK CITY HOUSING AUTHORITY, Respondent, and BENJAMIN AVILES, Appellant.

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

Decided October 25, 2007.


Denial of summary judgment was appropriate since appellant failed to make a prima facie showing of entitlement to judgment as a matter of law. Plaintiff was bitten by a dog in the lobby of a building, and the record is replete with triable factual issues, including, inter alia, who owned the dog, whether appellant lived in the same apartment as the dog, and who was in control of the dog. Appellant's conclusory statements that he had no connection to the subject dog were insufficient...

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