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GORDY v. CITY OF NEW YORK

1483.

67 A.D.3d 523 (2009)

887 N.Y.S.2d 847

2009 NY Slip Op 08461

WILLIE GORDY, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided November 17, 2009.

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 N.Y.2d 851, 853 [1985]). Plaintiff's opposition did not raise a...

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