Anglin v City of New York

Anglin v City of New York 2006 NY Slip Op 07783 [33 AD3d 541] October 26, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 13, 2006

Terrence Anglin, Appellant,
v
City of New York et al., Respondents.

—[*1]Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered July 14, 2005, which, in an action for personal injuries sustained when plaintiff's hand went through the glass panel of one of two identical self-closing, bidirectional doors inside defendants' premises, granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion was properly granted on the ground that plaintiff's expert's affidavit was unresponsive to defendants' expert's affidavit prima facie establishing that the doors and their glass panels fully complied with the Building Code and were not otherwise defective (see Wallach v American Home Prods. Corp., 300 AD2d 576 [2002]). Plaintiff's challenge to the evidentiary foundation of defendant's expert's affidavit are unpreserved and, in any event, without merit. Concur—Andrias, J.P., Marlow, Gonzalez, Sweeny and Catterson, JJ.