DI SANZA v. CITY OF NEW YORK


11 N.Y.3d 766 (2008)

FILIP DI SANZA, Appellant, v. CITY OF NEW YORK et al., Defendants, and CONSOLIDATED EDISON COMPANY OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided September 11, 2008.


Attorney(s) appearing for the Case

Susan R. Nudelman, Dix Hills, for appellant.

Richard W. Babinecz, New York City, and Helman R. Brook for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs. We agree with the majority at the Appellate Division that, under the particular circumstances of this case, defendant Consolidated Edison Company of New York's evidentiary submissions were sufficient to establish its prima facie entitlement to judgment as a matter of law on the ground that it neither created nor had actual or constructive notice of the one...

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