Ramos v. New York City Hous. Auth., 264 A.D.2d 568 (N.Y. App. Div. 1st Dep't 1999). · Go Syfert
Ramos v. New York City Hous. Auth., 264 A.D.2d 568 (N.Y. App. Div. 1st Dep't 1999). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 3 distinct courts.
Cited for
At page 568 cited at this page1 citing case
Retrieving the full opinion text from the archive…
Ismael Ramos
v.
New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York.
Sep 2, 1999.
264 A.D.2d 568
1999 N.Y. App. Div. LEXIS 8931
Cited by 4 opinions  |  Published

Order, Supreme Court, Bronx County (Alan Saks, J.), entered February 25, 1998, which, upon plaintiffs motion for reargument of a determination granted on default, adhered to its determination granting defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Upon review of the record, we find that there is no evidence that the Housing Authority had notice, actual or constructive, of the allegedly defective condition, i.e., the broken door lock. Plaintiff proffers an affirmation by counsel which refers to plaintiffs deposition testimony that the lock was broken some two months prior to the incident. The affirmation also states plaintiff believed his father complained to defendant about the broken lock. While counsel makes reference to deposition testimony, no transcripts or other documentary evidence are in the record. It is well settled that an attorney’s affirmation without any relevant documents or deposition transcripts to substantiate the assertions is insufficient on a motion for summary judgment (Zuckerman v City of New York, 49 NY2d 557, 563). Concur — Sullivan, J. P., Tom, Wallach, Lerner and An-drias, JJ.