Barros v. City of New York

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 22, 2008, which denied defendant-appellant’s motion for summary judgment dismissing the complaint and all cross claims against it, unanimously affirmed, without costs.

Appellant failed to make a prima facie showing eliminating all material issues of fact from the case (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Concur— Andrias, J.P., Sweeny, Nardelli, Richter and Abdus-Salaam, JJ.