Velez v. City of New York
Opinion of the Court
The defendant 431 established its prima facie entitlement to judgment as a matter of law by demonstrating through the affidavit and deposition testimony of one of its officers that the subject property was a three-family owner-occupied building used exclusively for residential purposes and, therefore, was exempt from the liability imposed pursuant to Administrative Code of the City of New York § 7-210 (b) (see Administrative Code of City of NY § 7-210 [b]; Moreno v Shanker, 93 AD3d 829, 829-830 [2012]; Soussi v Gobin, 87 AD3d 580, 581 [2011]). In opposition, the plaintiffs and the defendant City of New York failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Accordingly, the Supreme Court should have granted the motion of the defendant 431 for summary judgment dismissing the complaint and all cross claims insofar as asserted against it. Skelos, J.P., Balkin, Lott and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.