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SANDERS v. AQUA CHLOR ENTERPRISES, INC.

6355, 16640/07

90 A.D.3d 521 (2011)

934 N.Y.S.2d 406

2011 NY Slip Op 9025

PATRICK SANDERS, Appellant, v. AQUA CHLOR ENTERPRISES, INC., Respondent, et al., Defendant.

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

Decided December 15, 2011.

Defendant Aqua Chlor made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence— including its owner's and plaintiff's deposition testimony and New York City Department of Finance records—that defendant IMS, not Aqua Chlor, owned the lot adjoining the sidewalk where plaintiff alleges he tripped and fell. In opposition, plaintiff failed to raise a triable issue of fact (see Alvarez...

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