BRYAN v. 250 CHURCH ASSOCIATES, LLC


60 A.D.3d 578 (2009)

876 N.Y.S.2d 38

MELANIE BRYAN, Respondent, v. 250 CHURCH ASSOCIATES, LLC, et al., Respondents, and MAYCO BUILDING SERVICES, INC., Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided March 31, 2009.


Defendant's argument in support of its motion is that there is no evidence that it was negligent. However, defendant "cannot obtain summary judgment by pointing to gaps in plaintiff['s] proof" (Torres v Industrial Container, 305 A.D.2d 136 [2003]). It must tender evidence that it was not negligent (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]; Greenidge v HRH Constr...

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