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VEGA v. RESTANI CONSTRUCTION CORP.

1619, 13154/04

73 A.D.3d 641 (2010)

901 N.Y.S.2d 51

MINERVA VEGA, Respondent, v. RESTANI CONSTRUCTION CORP. et al., Defendants, and GENERAL FENCE CORPORATION, Appellant.

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

Decided May 27, 2010.

GFC, the fencing subcontractor on a project to renovate the park where plaintiff worked, established prima facie entitlement to summary judgment through an affidavit from its principal, who averred that GFC, hired by the park's owner, did not create the condition alleged to have caused plaintiff's accident (see Stiver v Good & Fair Carting & Moving, Inc., 9 N.Y.3d 253, 257 [2007]; Church v Callanan Indus., ...

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