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Martinez v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 1999
258 A.D.2d 395 (N.Y. App. Div. 1999)

Opinion

February 23, 1999

Appeal from the Supreme Court, Bronx County (Kenneth Thompson, Jr., J.).


The grant of summary judgment dismissing the complaint was proper since defendant's evidence of lack of notice of the alleged elevator defect sufficiently made out a prima facie entitlement to judgment in its favor as a matter of law that was not compromised by plaintiff's testimony that she did not remember any details of the 1993 accident or by her subsequently submitted 1997 affidavit contradicting that testimony without explanation ( see, Robbins v. K-Mart Corp., 248 A.D.2d 867, 868; Rubinberg v. Walker, 252 A.D.2d 466).

Concur — Rubin, J. P., Mazzarelli, Andrias and Saxe, JJ.


Summaries of

Martinez v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 1999
258 A.D.2d 395 (N.Y. App. Div. 1999)
Case details for

Martinez v. New York City Housing Authority

Case Details

Full title:CARMEN D. MARTINEZ, Appellant, v. NEW YORK CITY HOUSING AUTHORITY…

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

Date published: Feb 23, 1999

Citations

258 A.D.2d 395 (N.Y. App. Div. 1999)
683 N.Y.S.2d 852