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SANTIAGO v. CITY OF NEW YORK

396A, 305735/09, 396.

137 A.D.3d 455 (2016)

25 N.Y.S.3d 878

2016 NY Slip Op 01567

CARLOS SANTIAGO, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided March 3, 2016.

Assuming without deciding that the court properly denied the City's initial motion for summary judgment on the ground that the City failed to demonstrate that the lease was in effect at the time of plaintiff's accident, we find that the court improvidently denied the City's motion for renewal. The affidavit of the MTA's Senior Real Estate Manager, coupled with the MTA's website, sufficiently established the authenticity of the 1953 lease, and that it was in effect at the...

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