SMITH v. 985 AMSTERDAM AVENUE HOUSING DEVELOPMENT FUND CORPORATION

4396, 107307/07.

82 A.D.3d 426 (2011)

917 N.Y.S.2d 858

DANIEL SMITH, Appellant, v. 985 AMSTERDAM AVENUE HOUSING DEVELOPMENT FUND CORPORATION, Respondent.

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

Decided March 3, 2011.


Defendant met its initial burden of showing entitlement to summary judgment by submitting evidence in the form of a property survey and expert affidavit averring that the defective condition was located on an adjacent property. In opposition, plaintiff failed to raise an issue of fact concerning the location of the defective condition. The survey and the affidavit of the surveyor both identify the raised portion of the concrete slab upon which plaintiff claimed to have tripped...

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