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CANZONERI v. CITY OF NEW YORK

Index No. 114128/09. Appeal No. 13720. Case No. 2020-01127.

193 A.D.3d 637 (2021)

148 N.Y.S.3d 81

2021 NY Slip Op 02594

Robert Canzoneri, Appellant, v. City of New York et al., Respondents. Dart Mechanical Corp., Third-Party Plaintiff-Respondent, v. Advanced Automatic Sprinkler Company Inc., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Hach & Rose, LLP, New York ( Michael A. Rose of counsel), for appellant.

Keller, O'Reilly & Watson, P.C., Woodbury ( Patrick J. Engle of counsel), for The City of New York and New York City Department of Sanitation, respondents.

Nicoletti Hornig & Sweeney, New York ( James E. Morris of counsel), for A&F Fire Protection Co., Inc., and Advanced Automatic Sprinkler Company, Inc., respondents.

Koster, Brady & Nagler, LLP, New York ( William H. Gagas of counsel), for Tully Construction Co., Inc., respondent.

Smith Mazure, P.C., New York ( Louise M. Cherkis of counsel), for Dart Mechanical Corp., respondent.

Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.

"It is well settled that a defendant is entitled to summary judgment ... when a plaintiff provides testimony that he or she is unable to identify the defect that caused his or her injury" (Siegel v City of New York, 86 A.D.3d 452, 454 [1st Dept 2011]; see Ash v City of New York, 109 A.D.3d 854, 855 [2d Dept 2013]; see also Taveras v 1149 Webster Realty Corp., 134...

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