From Casetext: Smarter Legal Research

Hovi v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 430 (N.Y. App. Div. 1996)

Opinion

April 8, 1996

Appeal from the Supreme Court, Richmond County (Leone, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly awarded summary judgment to the defendant Brooklyn Union Gas Company (hereinafter Brooklyn Union). In support of its motion for summary judgment, Brooklyn Union submitted documentary evidence and deposition testimony which established that it did not perform any work on the north side of the roadway where the accident that allegedly caused the plaintiff's injuries occurred. The burden then shifted to the plaintiff to lay bare his proof and present evidentiary facts sufficient to raise a genuine, triable issue of fact ( see, Zuckerman v. City of New York, 49 N.Y.2d 557; Morgan v. New York Tel., 220 A.D.2d 728). The speculative assertions contained in the affirmation of the plaintiff's attorney were insufficient to raise a question of fact about whether the repair and excavation work performed by Brooklyn Union on the south side of Castleton Avenue in late 1982 and early 1983 created the dangerous condition on the north side of Castleton Avenue that allegedly caused the plaintiff's injuries in July 1983. Thompson, J.P., Joy, Krausman and McGinity, JJ., concur.


Summaries of

Hovi v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 430 (N.Y. App. Div. 1996)
Case details for

Hovi v. City of New York

Case Details

Full title:DONALD HOVI, Appellant, v. CITY OF NEW YORK et al., Defendants, and…

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

Date published: Apr 8, 1996

Citations

226 A.D.2d 430 (N.Y. App. Div. 1996)
640 N.Y.S.2d 782

Citing Cases

Nickerson v. City of N.Y.

"liability for a dangerous or defective condition on property is generally predicated upon ownership,…

Morales v. Turner Constr. Corp.

In the instant matter, the Court has reviewed the record and upon said review finds that the defendant has…