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THOMAS v. CITY OF NEW YORK

8331, 21275/04.

99 A.D.3d 580 (2012)

953 N.Y.S.2d 15

2012 NY Slip Op 7035

MARGARET THOMAS et al., Appellants-Respondents, v. CITY OF NEW YORK et al., Respondents-Appellants, et al., Defendant.

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

October 18, 2012.

Defendants made a prima facie showing of their entitlement to judgment as a matter of law, and plaintiffs failed to raise a triable issue of fact (see Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]).

With respect to plaintiff Thomas, defendants submitted evidence showing that Thomas's left knee injuries preexisted the subject accident, were degenerative in nature, and could not be attributed to the accident (see...

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