Hughes v. City of New York

Appellate Division of the Supreme Court of New York

Hughes v. City of New York

208 A.D.2d 593, 618 N.Y.S.2d 241, 1994 N.Y. App. Div. LEXIS 9585

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

DecidedOctober 11, 1994

StatusPublished

This text of 208 A.D.2d 593 (Hughes 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

Hughes v. City of New York, 208 A.D.2d 593, 618 N.Y.S.2d 241, 1994 N.Y. App. Div. LEXIS 9585 (N.Y. Ct. App. 1994).

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Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price J.), dated December 22, 1992, which granted the motion of the defendants Patrick J. Falci and Josephine A. Falci for summary judgment dismissing the complaint insofar as it is asserted against them.

Ordered that the order is affirmed, with costs.

The plaintiff alleges that she fell on a defective sidewalk adjacent to the respondents’ property. However, she failed to demonstrate that the respondents caused or created the alleged defect, or that the respondents are otherwise liable to her for the accident (see, Ishkanian v City of Troy, 175 AD2d 464). Consequently, the Supreme Court properly dismissed the complaint insofar as it is asserted against the respondents (see, Belmonte v City of New York, 180 AD2d 617; Surowiec v City of New York, 139 AD2d 727). Miller, J. P., Joy, Altman and Goldstein, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price J.), dated December 22, 1992, which granted the motion of the defendants Patrick J. Falci and Josephine A. Falci for summary judgment dismissing the complaint insofar as it is asserted against them.

Ordered that the order is affirmed, with costs.

The plaintiff alleges that she fell on a defective sidewalk adjacent to the respondents’ property. However, she failed to demonstrate that the respondents caused or created the alleged defect, or that the respondents are otherwise liable to her for the accident (see, Ishkanian v City of Troy, 175 AD2d 464). Consequently, the Supreme Court properly dismissed the complaint insofar as it is asserted against the respondents (see, Belmonte v City of New York, 180 AD2d 617; Surowiec v City of New York, 139 AD2d 727). Miller, J. P., Joy, Altman and Goldstein, JJ., concur.

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Bluebook (online)

208 A.D.2d 593, 618 N.Y.S.2d 241, 1994 N.Y. App. Div. LEXIS 9585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-city-of-new-york-nyappdiv-1994.

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