Gordy v. City of New York

67 A.D.3d 523, 887 N.Y.S.2d 847

Opinion

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered August 5, 2008, which, in an action for personal injuries sustained in a slip and fall on a patch of ice on a sidewalk, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence demonstrating that the property that abutted the sidewalk where the accident occurred was a two-family dwelling owned by a corporate entity, and thus was not owner-occupied (Administrative Code of City of NY § 7-210; see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Plaintiff’s opposition did not raise a triable issue of fact as he failed to submit evidence regarding the occupancy of the property (see Faulk v City of New York, 16 Misc 3d 1108[A], 2007 NY Slip Op 51346[U] [2007]). Concur— Gonzalez, EJ., Saxe, McGuire and Acosta, JJ.