Smith v. New York City Housing Authority

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered October 20, 2010, which, in an action for personal injuries, denied the motion of defendant New York City Housing Authority (NYCHA) for summary judgment dismissing the complaint as against it, with leave to renew upon completion of discovery, unanimously reversed, on the law, without costs, and *670the motion granted. The Clerk is directed to enter judgment in favor of NYCHA dismissing the complaint.

NYCHA established its entitlement to judgment as a matter of law. It submitted, inter alia, an affidavit of a surveyor showing that…