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WILLIE GORDY, Appellant, v. CITY OF NEW YORK, Respondent.

Defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence demonstrating that the property that abutted the sidewalk where the accident occurred was a two-family dwelling owned by a corporate entity, and thus was not owner-occupied (Administrative Code of City of NY § 7-210; see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). Plaintiffs opposition did not raise a triable issue of fact as he failed to submit evidence regarding the occupancy of the property ( see Faulk v City of New York, 16 Misc 3d 1108[A], 2007 NY Slip Op 51346[U]).

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GORDY v. CITY OF NEW YORK
(Nov 17, 2009)