Collins v. City of New York

Appellate Division of the Supreme Court of New York

Collins v. City of New York

273 A.D.2d 138, 709 N.Y.S.2d 188, 2000 N.Y. App. Div. LEXIS 7161

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

DecidedJune 22, 2000

StatusPublished

This text of 273 A.D.2d 138 (Collins 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

Collins v. City of New York, 273 A.D.2d 138, 709 N.Y.S.2d 188, 2000 N.Y. App. Div. LEXIS 7161 (N.Y. Ct. App. 2000).

Pincite

Opinion

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered December 14, 1998, which, in an action for personal injuries sustained in a fall on an allegedly defective sidewalk in front of a building owned by defendants-appellants, denied appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The motion was properly denied on the ground that an issue of fact exists as to whether appellants hired the contractor identified in the City permit for repair and construction of the sidewalk in front of their building issued some two and a half years before the accident. If so, appellants could be held liable on the basis of having created the alleged dangerous condition of the sidewalk. Concur — Nardelli, J. P., Ellerin, Wallach, Saxe and Buckley, JJ.

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Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered December 14, 1998, which, in an action for personal injuries sustained in a fall on an allegedly defective sidewalk in front of a building owned by defendants-appellants, denied appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The motion was properly denied on the ground that an issue of fact exists as to whether appellants hired the contractor identified in the City permit for repair and construction of the sidewalk in front of their building issued some two and a half years before the accident. If so, appellants could be held liable on the basis of having created the alleged dangerous condition of the sidewalk. Concur — Nardelli, J. P., Ellerin, Wallach, Saxe and Buckley, JJ.

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Bluebook (online)

273 A.D.2d 138, 709 N.Y.S.2d 188, 2000 N.Y. App. Div. LEXIS 7161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-city-of-new-york-nyappdiv-2000.