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BOCANEGRA v. CITY OF NEW YORK

45 A.D.3d 797 (2007)

845 N.Y.S.2d 750

AMPARO BOCANEGRA, Respondent, v. CITY OF NEW YORK et al., Respondents, and COBAR CONSTRUCTION CORP., Appellant.

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

Decided November 27, 2007.

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

The defendant Cobar Construction Corp. failed to establish its prima facie entitlement to judgment as a matter of law dismissing the complaint and all cross claims insofar as asserted against it (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]; Johnston v City of New York, 18 A.D.3d 712 [2005]...

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