Kligman v. City of New York

Appellate Division of the Supreme Court of New York

Kligman v. City of New York

19 A.D.3d 168, 798 N.Y.S.2d 377, 2005 N.Y. App. Div. LEXIS 6133

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

DecidedJune 9, 2005

StatusPublished

This text of 19 A.D.3d 168 (Kligman 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

Kligman v. City of New York, 19 A.D.3d 168, 798 N.Y.S.2d 377, 2005 N.Y. App. Div. LEXIS 6133 (N.Y. Ct. App. 2005).

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Opinion

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered April 30, 2004, which denied defendant Triumph’s motion for summary judgment, unanimously affirmed, without costs.

Defendant failed to come forward with sufficient evidence demonstrating it did not create the condition that allegedly caused plaintiff to fall and injure herself. Triumph did not present any records as to what work was performed near the accident site, when it was performed or which of Triumph’s employees performed it (Zuckerman v City of New York, 49 NY2d 557 [1980]). Concur-Mazzarelli, J.P., Andrias, Saxe, Marlow and Sullivan, JJ.

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Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered April 30, 2004, which denied defendant Triumph’s motion for summary judgment, unanimously affirmed, without costs.

Defendant failed to come forward with sufficient evidence demonstrating it did not create the condition that allegedly caused plaintiff to fall and injure herself. Triumph did not present any records as to what work was performed near the accident site, when it was performed or which of Triumph’s employees performed it (Zuckerman v City of New York, 49 NY2d 557 [1980]). Concur-Mazzarelli, J.P., Andrias, Saxe, Marlow and Sullivan, JJ.

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Bluebook (online)

19 A.D.3d 168, 798 N.Y.S.2d 377, 2005 N.Y. App. Div. LEXIS 6133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kligman-v-city-of-new-york-nyappdiv-2005.

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