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PISANO v. YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF BROOKLYN

43 A.D.3d 814 (2007)

840 N.Y.S.2d 872

CHARLES PISANO, Appellant, v. YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF BROOKLYN, Respondent, et al., Defendants.

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

Decided September 4, 2007.

Ordered that the order is affirmed, with costs.

On its motion for summary judgment, the defendant Young Women's Christian Association of Brooklyn (hereinafter the YWCA) established its prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]) by submitting evidence establishing that it neither created the allegedly dangerous condition at issue nor had actual or constructive...

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