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Johnston v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
May 23, 2005
18 A.D.3d 712 (N.Y. App. Div. 2005)

Opinion

2004-07823.

May 23, 2005.

In an action to recover damages for personal injuries, etc., the defendant Brooklyn Union Gas Company, doing business as Keyspan Energy Delivery of New York, appeals from an order of the Supreme Court, Queens County (Elliot, J.), dated August 20, 2004, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Before: Ritter, J.P., Goldstein, Luciano and Lifson, JJ., concur.


Ordered that the order is affirmed, with costs.

The appellant failed to tender sufficient evidence to eliminate all triable issues of fact as to whether it created the defect in the roadway, which was an alleged proximate cause of the subject accident ( see Winegrad v. New York Univ. Med. Ctr., 64 NY2d 851, 853). In view of the foregoing, the appellant failed to make a prima facie showing of entitlement to judgment as a matter of law. Accordingly, the Supreme Court properly denied the appellant's motion for summary judgment.


Summaries of

Johnston v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
May 23, 2005
18 A.D.3d 712 (N.Y. App. Div. 2005)
Case details for

Johnston v. City of New York

Case Details

Full title:KEVIN JOHNSTON et al., Respondents, v. CITY OF NEW YORK, Respondent, and…

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

Date published: May 23, 2005

Citations

18 A.D.3d 712 (N.Y. App. Div. 2005)
794 N.Y.S.2d 924

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