Hansen v. City of New York

Appellate Division of the Supreme Court of New York

Hansen v. City of New York

302 A.D.2d 560, 755 N.Y.S.2d 627

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

DecidedFebruary 24, 2003

StatusPublished

This text of 302 A.D.2d 560 (Hansen 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

Hansen v. City of New York, 302 A.D.2d 560, 755 N.Y.S.2d 627 (N.Y. Ct. App. 2003).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendants Peter Angelakos and Amalia Angelakos appeal from an order of the Supreme Court, Kings County (M. Gar-son, J.), dated April 9, 2002, which denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Ordered that the order is affirmed, with one bill of costs.

Liability may be imposed upon landowners whose property abuts a public sidewalk where the landowner affirmatively caused or created the defect in the sidewalk (see Hausser v Giunta, 88 NY2d 449, 453 [1996]; Lopez v Town Fair Super[561]*561market, 256 AD2d 387 [1998]). After the appellants established a prima facie case for summary judgment, the plaintiff raised a triable issue of fact with respect to whether the appellants caused or contributed to the dangerous condition which caused her to fall. Accordingly, the Supreme Court properly denied the appellants’ motion. Altman, J.P., S. Miller, Friedmann and McGinity, JJ., concur.

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In an action to recover damages for personal injuries, the defendants Peter Angelakos and Amalia Angelakos appeal from an order of the Supreme Court, Kings County (M. Gar-son, J.), dated April 9, 2002, which denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Ordered that the order is affirmed, with one bill of costs.

Liability may be imposed upon landowners whose property abuts a public sidewalk where the landowner affirmatively caused or created the defect in the sidewalk (see Hausser v Giunta, 88 NY2d 449, 453 [1996]; Lopez v Town Fair Super[561]*561market, 256 AD2d 387 [1998]). After the appellants established a prima facie case for summary judgment, the plaintiff raised a triable issue of fact with respect to whether the appellants caused or contributed to the dangerous condition which caused her to fall. Accordingly, the Supreme Court properly denied the appellants’ motion. Altman, J.P., S. Miller, Friedmann and McGinity, JJ., concur.

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Bluebook (online)

302 A.D.2d 560, 755 N.Y.S.2d 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-city-of-new-york-nyappdiv-2003.

Opinion

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