Day v City of New York (2004 NY Slip Op 08337)

Day v City of New York

2004 NY Slip Op 08337 [12 AD3d 271]

November 18, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 19, 2005

Jerilyn M. Day, Respondent,
v
City of New York et al., Respondents, and Dormitory Authority of the State of New York, Appellant.

—[*1]Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered October 15, 2003, which denied the motion of defendant Dormitory Authority of the State of New York for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

On the record presented here, there are issues of fact which preclude the grant of summary judgment. Concur—Mazzarelli, J.P., Andrias, Friedman, Marlow and Sweeny, JJ.