LOPEZ v. CITY OF NEW YORK (1999)

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

Mauricio LOPEZ, et al., respondents, v. CITY OF NEW YORK, appellant.

Decided: March 15, 1999

CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, DANIEL W. JOY and MYRIAM J. ALTMAN, JJ.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Dona B. Morris of counsel), for appellant. Talisman Rudin Eskenazi & DeLorenz, P.C., Mineola, N.Y. (Paul Bibuld of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated January 30, 1998, as denied its cross motion for summary judgment dismissing the complaint.

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

We agree with the Supreme Court that the defendant failed to demonstrate that it did not own the property at the time of the accident, and thus, summary judgment was properly denied.

MEMORANDUM BY THE COURT.

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