Richardson v. Brookfield Props. OLP Co. LLC

2017 NY Slip Op 1286, 147 A.D.3d 566, 46 N.Y.S.3d 799

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 16, 2017
• Docket: 3129 150146/10
• Status: Published

Opinion

Order, Supreme Court, New York County (Paul Wooten, J.), entered October 14, 2015, as amended November 12, 2015, which granted defendants summary judgment dismissing the third amended complaint, unanimously affirmed, without costs.

Defendant owners and contractors met their prima facie burden (see e.g. Remes v 513 W. 26th Realty, LLC, 73 AD3d 665, 666 [1st Dept 2010]; Jones v Presbyterian Hosp. in City of N.Y., 3 AD3d 225 [1st Dept 2004]; see generally Espinal v Melville Snow Contrs., 98 NY2d 136, 140 [2002]), and plaintiff failed to raise a triable issue of fact as to whether an optical confusion contributed to her accident (see Remes, 73 AD3d at 666).

Concur — Richter, J.P., Manzanet-Daniels, Gische, Webber and Kahn, JJ.