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GLUSZAK v. CITY OF NEW YORK

15 A.D.3d 439 (2005)

789 N.Y.S.2d 448

JOHN GLUSZAK, Respondent, v. CITY OF NEW YORK et al., Defendants, and RAYTONE PLUMBING SPECIALITIES, INC., Appellant.

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

February 14, 2005.

Ordered that the order is affirmed, with costs.

In support of its motion for summary judgment, the defendant Raytone Plumbing Specialities, Inc. (hereinafter Raytone), failed to establish its prima facie entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]). A triable issue of fact exists as to whether Raytone created the allegedly defective condition at issue. Accordingly...

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