MEJIAS v. MASTIC ASSOCIATES OF NEW YORK, LLC

4773, 309137/08.

83 A.D.3d 476 (2011)

920 N.Y.S.2d 357

RAFAEL MEJIAS, Respondent, v. MASTIC ASSOCIATES OF NEW YORK, LLC, et al., Defendants, and QUALITY BUILDING CONTRACTOR, INC., Appellant.

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

Decided April 12, 2011.


We decline to consider those papers in the record on appeal that were not submitted to the motion court (see Vick v Albert, 47 A.D.3d 482, 484 [2008], lv denied 10 N.Y.3d 707 [2008]). In any event, the motion should have been granted. Quality met its prima facie burden by tendering uncontroverted evidence that the work it performed at the accident site was completed three years before the accident, and that its sister company...

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