PRYOR v. CITY OF NEW YORK


63 A.D.3d 508 (2009)

879 N.Y.S.2d 716

PAMELA PRYOR et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and JUDLAU CONTRACTING, INC., Respondent.

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

Decided June 11, 2009.


Respondent made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence that it performed no construction work at or near the area where plaintiff fell. In opposition, plaintiff failed to raise a triable issue of fact. The testimony of plaintiff's expert as to the cause of the accident was speculative and without support in the record, and, as such, insufficient to support a finding that respondent performed any work where plaintiff fell...

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