BATTS v. CITY OF NEW YORK

6948, 113560/07.

93 A.D.3d 425 (2012)

939 N.Y.S.2d 425

2012 NY Slip Op 1571

INGRAM BATTS et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent-Appellant, and NEIGHBORHOOD PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY, INC., et al., Respondents.

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

Decided March 1, 2012.


Plaintiffs' motion was properly denied as against defendant A. Aleem Construction Inc., the contractor that constructed the subject sidewalk shed. Viewing the evidence in the light most favorable to the contractor, there is a dispute between the parties' respective experts relating to whether the sidewalk shed was properly constructed. These conflicting opinions of the experts cannot be resolved on a motion for summary judgment (see Ocampo v Abetta Boiler & Welding...

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