WILLIAMS v. CITY OF WHITE PLAINS

Citation Codes

Equivalent Citations

citation codes

Docket Number

2003-04900.

Attorney(S)

Joseph A. Maria, P.C., White Plains, N.Y. (Frances Dapice Marinelli of counsel), for appellant. Bailly McMillan, LLP, White Plains, N.Y. (Brian M. Healy of counsel), for respondent.

Judges

Robert J. Miller
Reinaldo E. Rivera

See more information ...

Smart Summary

Please sign up to generate summary.

IRENE WILLIAMS, respondent, v. CITY OF WHITE PLAINS, appellant, ET AL., defendants.

DECISION ORDER

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

The appellant's motion violated the rule against successive motions for summary judgment ( see Klein v. Auerbach, 1 A.D.3d 317, 318; Davidson Metals Corp. v. Marlo Development Co., 262 A.D.2d 599). In any event, the affidavit of the plaintiff's engineering expert rebutted the appellant's initial showing that it did not create the alleged defect ( see CPLR 3212[b]). Therefore, the Supreme Court properly denied the appellant's second motion for summary judgment dismissing the complaint insofar as asserted against it.

The appellant's claims which are raised for the first time in its reply brief are not properly before this court ( see Coppola v. Coppola, 291 A.D.2d 477).

RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.

IRENE WILLIAMS, respondent, v. CITY OF WHITE PLAINS, appellant, ET AL., defendants.

Comments