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DESENA v. CITY OF NEW YORK

65 A.D.3d 562 (2009)

884 N.Y.S.2d 138

JOSEPH DESENA, Respondent, v. CITY OF NEW YORK et al., Respondents, and KEYSPAN ENERGY DELIVERY NYC, Appellant, et al., Defendant.

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

Decided August 11, 2009.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly denied the motion of the defendant Keyspan Energy Delivery NYC (hereinafter Keyspan) for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Keyspan established its prima facie entitlement to judgment...

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