ANGLIN v. CITY OF NEW YORK (2006)

Supreme Court, Appellate Division, First Department, New York.

Terrence ANGLIN, Plaintiff-Appellant, v. The CITY OF NEW YORK, et al., Defendants-Respondents.

Decided: October 26, 2006

ANDRIAS, J.P., MARLOW, GONZALEZ, SWEENY, CATTERSON, JJ.

Dinkes & Schwitzer, New York (Souren A. Israelyan of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Victoria Scalzo of counsel), for the City of New York, respondent. O'Connor, O'Connor, Hintz & Deveney, LLP, Melville (Michael T. Reagan of counsel), for Citizen's Advice Bureau, respondent.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered July 14, 2005, which, in an action for personal injuries sustained when plaintiff's hand went through the glass panel of one of two identical self-closing, bi-directional doors inside defendants' premises, granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion was properly granted on the ground that plaintiff's expert's affidavit was unresponsive to defendants' expert's affidavit prima facie establishing that the doors and their glass panels fully complied with the Building Code and were not otherwise defective (see Wallach v. American Home Prods. Corp., 300 A.D.2d 576, 751 N.Y.S.2d 875 [2002] ). Plaintiff's challenge to the evidentiary foundation of defendant's expert's affidavit are unpreserved and, in any event, without merit.

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