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WILLIAMS JR. v. CHURCH HOME ASSOCIATES, L.P.

49 A.D.3d 386 (2008)

854 N.Y.S.2d 357

MARSHALL WILLIAMS, JR., Appellant, v. CHURCH HOME ASSOCIATES, L.P., Respondent.

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

Decided March 13, 2008.

Defendant established its prima facie entitlement to summary judgment with the deposition testimony of its building superintendent that he closed the gate everyday as part of his job duties, and, other than a jammed lock repaired some three months before the accident, never had any problems with the gate or received any complaints about it (see Marszalkiewicz v Waterside Plaza, LLC, 35 A.D.3d 176, 177 [2006]). No issues of fact as...

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