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MICARI v. CITY OF NEW YORK

45 A.D.3d 821 (2007)

845 N.Y.S.2d 747

PAUL MICARI, Respondent, v. CITY OF NEW YORK, 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, with costs.

The plaintiff made a prima facie showing of his entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]), and the defendant failed to raise any issue of fact in opposition thereto. Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment on the issue...

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