| Gordy v City of New York |
| 2009 NY Slip Op 08461 [67 AD3d 523] |
| November 17, 2009 |
| Appellate Division, First Department |
| Willie Gordy, Appellant, v City of New York,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Susan Choi-Hausman of counsel), forrespondent.
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered August 5, 2008,which, in an action for personal injuries sustained in a slip and fall on a patch of ice on asidewalk, granted defendant's motion for summary judgment dismissing the complaint,unanimously affirmed, without costs.
Defendant established its prima facie entitlement to judgment as a matter of law bysubmitting evidence demonstrating that the property that abutted the sidewalk where the accidentoccurred was a two-family dwelling owned by a corporate entity, and thus was notowner-occupied (Administrative Code of City of NY § 7-210; see Winegrad v NewYork Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Plaintiff's opposition did not raise atriable 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][2007]). Concur—Gonzalez, P.J., Saxe, McGuire and Acosta, JJ.