COMBIER v. CITY OF NEW YORK

7893, 101748/05.

96 A.D.3d 505 (2012)

946 N.Y.S.2d 159

2012 NY Slip Op 4679

ELIZABETH COMBIER, Appellant, v. CITY OF NEW YORK et al., Defendants, and EL-KAM REALTY CO., Respondent. (And a Third-Party Action.)

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

June 12, 2012.


El Kam established its entitlement to judgment as a matter of law. El Kam submitted evidence showing that it did not install, maintain, control or repair the fencing around the tree well which allegedly caused plaintiff's fall (see Vucetovic v Epsom Downs, Inc., 10 N.Y.3d 517, 521 [2008]). In opposition, plaintiff failed to raise a triable issue of fact. Although plaintiff argued that El-Kam contracted to have third-party defendant...

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