| Lavaud v City of New York |
| 2007 NY Slip Op 08415 [45 AD3d 536] |
| November 7, 2007 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jean Lavaud, Respondent, v City of New York, Respondent, Brooklyn Union Gas Company et al., Appellants, et al., Defendants. |
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Cohen & Jaffe, LLP (Lisa M. Comeau, Garden City, N.Y., of counsel), for
plaintiff-respondent.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F. X. Hart and Jane L.
Gordon of counsel), for defendant-respondent.
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
The appellants failed to show, prima facie, their entitlement to summary judgment by submitting evidence sufficient to eliminate all triable issues of fact as to whether they performed any work where the accident occurred and, if so, whether they were negligent in the performance of their work (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Johnston v City of New York, 18 AD3d 712 [2005]; St. Clair v City of New York, 266 AD2d 277 [1999]; Finegold v Brooklyn Union Gas Co., 202 AD2d 469 [1994]; cf. Verdes v Brooklyn Union Gas Co., 253 AD2d 552 [1998]). Accordingly, their motion for summary judgment was properly denied. Crane, J.P., Goldstein, Florio and Dillon, JJ., concur.