Friedman v. BHL Realty Corp.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered May 11, 2010, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Even in light of the arguments raised and evidence submitted inappropriately for the first time in reply (see Azzopardi v American Blower Corp., 192 AD2d 453, 454 [1993]), defendant failed to meet its burden to show prima facie that plaintiffs cause of action has no merit. In support of its argument that there was no dangerous condition on the exterior…