AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

DONALD HOVI, Appellant, v. CITY OF NEW YORK et al., Defendants, and BROOKLYN UNION GAS COMPANY, Respondent.

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.

Use AI to get other relevant cases.

Comments

HOVI v. CITY OF NEW YORK
(Apr 8, 1996)