Gilbert v. City of New York

Appellate Division of the Supreme Court of New York

Gilbert v. City of New York

283 A.D.2d 278, 724 N.Y.S.2d 308, 2001 N.Y. App. Div. LEXIS 5097

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

DecidedMay 17, 2001

StatusPublished

This text of 283 A.D.2d 278 (Gilbert 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

Gilbert v. City of New York, 283 A.D.2d 278, 724 N.Y.S.2d 308, 2001 N.Y. App. Div. LEXIS 5097 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 21, 1999, which denied defendant-appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about February 1, 2000, denying defendant-appellant’s motion for re-argument, unanimously dismissed, without costs, as taken from a nonappealable paper.

The motion for summary judgment was properly denied on the ground that plaintiffs affidavit in opposition thereto was sufficient to raise an issue of fact as to whether defendant-appellant created or exacerbated the icy condition that allegedly caused plaintiff to slip and fall on the sidewalk in front of its store. Concur — Rosenberger, J. P., Mazzarelli, Andrias, Ellerin and Lerner, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 21, 1999, which denied defendant-appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about February 1, 2000, denying defendant-appellant’s motion for re-argument, unanimously dismissed, without costs, as taken from a nonappealable paper.

The motion for summary judgment was properly denied on the ground that plaintiffs affidavit in opposition thereto was sufficient to raise an issue of fact as to whether defendant-appellant created or exacerbated the icy condition that allegedly caused plaintiff to slip and fall on the sidewalk in front of its store. Concur — Rosenberger, J. P., Mazzarelli, Andrias, Ellerin and Lerner, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

283 A.D.2d 278, 724 N.Y.S.2d 308, 2001 N.Y. App. Div. LEXIS 5097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-city-of-new-york-nyappdiv-2001.