Buono v. City of New York

Appellate Division of the Supreme Court of New York

Buono v. City of New York

240 A.D.2d 689, 660 N.Y.S.2d 984, 1997 N.Y. App. Div. LEXIS 7142

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 30, 1997

StatusPublished

This text of 240 A.D.2d 689 (Buono v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buono v. City of New York, 240 A.D.2d 689, 660 N.Y.S.2d 984, 1997 N.Y. App. Div. LEXIS 7142 (N.Y. Ct. App. 1997).

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Opinion

In an action to recover damages for personal injuries, the defendant Cipico Construction, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated September 3, 1996, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The height differential in the brick sidewalk upon which the plaintiff was caused to trip and fall was so trivial that it cannot give rise to actionable negligence against the constructor of the sidewalk (see, e.g., Julian v Sementelli, 234 AD2d 866; Trincere v County of Suffolk, 232 AD2d 400; Guerrieri v Summa, 193 AD2d 647). Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

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In an action to recover damages for personal injuries, the defendant Cipico Construction, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated September 3, 1996, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The height differential in the brick sidewalk upon which the plaintiff was caused to trip and fall was so trivial that it cannot give rise to actionable negligence against the constructor of the sidewalk (see, e.g., Julian v Sementelli, 234 AD2d 866; Trincere v County of Suffolk, 232 AD2d 400; Guerrieri v Summa, 193 AD2d 647). Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

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Bluebook (online)

240 A.D.2d 689, 660 N.Y.S.2d 984, 1997 N.Y. App. Div. LEXIS 7142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buono-v-city-of-new-york-nyappdiv-1997.

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