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Ron v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1999
262 A.D.2d 76 (N.Y. App. Div. 1999)

Opinion

June 10, 1999.

Appeal from the Supreme Court, New York County (Carol Huff, J.).


Plaintiff allegedly lost his footing by reason of a greasy fluid on the steps of a staircase on defendant's premises, and fell down the staircase injuring himself. Defendant has moved for summary judgment dismissing the complaint, but, as the motion court held, has failed to make the requisite prima facie demonstration of its entitlement to judgment as a matter of law ( see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 852). Defendant has not, in support of its motion, presented any evidence to establish that it did not create the complained of condition or have actual or constructive knowledge of its existence ( see, Colt v. Great Atl. Pac. Tea Co., 209 A.D.2d 294); the documentation that was submitted in support of the motion did not contain sworn allegations of fact based on personal knowledge and was therefore insufficient to warrant the relief requested (CPLR 3212 [b]).

Concur — Ellerin, P. J., Nardelli, Mazzarelli, Rubin and Saxe, JJ.


Summaries of

Ron v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1999
262 A.D.2d 76 (N.Y. App. Div. 1999)
Case details for

Ron v. New York City Housing Authority

Case Details

Full title:ANTHONY RON, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant

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

Date published: Jun 10, 1999

Citations

262 A.D.2d 76 (N.Y. App. Div. 1999)
689 N.Y.S.2d 638

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