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SMITH v. NEW YORK CITY HOUSING AUTHORITY

5181, 302521/09.

84 A.D.3d 669 (2011)

924 N.Y.S.2d 337

TERRANCE SMITH, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant, et al., Defendants.

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

Decided May 26, 2011.

NYCHA established its entitlement to judgment as a matter of law. It submitted, inter alia, an affidavit of a surveyor showing that it neither owned, controlled nor maintained the public staircase upon which plaintiff is alleged to have fallen and sustained injury (see Grullon v City of New York, 297 A.D.2d 261, 262-263 [2002]). In opposition, plaintiff failed to raise a triable issue of fact. Plaintiff submitted a conclusory affirmation...

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