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GARCIA v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY

279 A.D.2d 328 (2001)

718 N.Y.S.2d 351

DAVID GARCIA, Appellant, v. NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY et al., Respondents. (And a Third-Party Action.)

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

Decided January 16, 2001.

The motion was properly granted in the absence of evidence rebutting defendants' prima facie showing that the allegedly dangerous condition that caused plaintiff's injuries was readily observable (see, Serrano v New York City Hous. Auth., 268 A.D.2d 230; Goslin v La Mora, 137 A.D.2d 941). Plaintiff's claim in his affidavit in opposition that the danger was obscured by an optical illusion...

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