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Marchi v. Empire City Subway

10 A.D.3d 566, 781 N.Y.S.2d 895, 2004 N.Y. App. Div. LEXIS 11016
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 28, 2004
StatusPublished
Cited by1 cases

This text of 10 A.D.3d 566 (Marchi v. Empire City Subway) 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
Marchi v. Empire City Subway, 10 A.D.3d 566, 781 N.Y.S.2d 895, 2004 N.Y. App. Div. LEXIS 11016 (N.Y. Ct. App. 2004).

Opinion

Order, Supreme Court, Bronx County (Alexander W Hunter, Jr., J.), entered May 30, 2003, which, to the extent appealed from, denied defendants-appellants’ motion for summary judgment, unanimously affirmed, without costs.

Triable issues exist as to whether plaintiffs slip and fall was caused by an improperly maintained manhole cover. Defendants’ assertion that only snow and ice could have caused plaintiffs injuries was supported by little more than surmise and conjecture (Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Concur—Tom, J.P., Sullivan, Williams, Friedman and Marlow, JJ.

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Related

Rivers v. City of New York
37 A.D.3d 804 (Appellate Division of the Supreme Court of New York, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
10 A.D.3d 566, 781 N.Y.S.2d 895, 2004 N.Y. App. Div. LEXIS 11016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marchi-v-empire-city-subway-nyappdiv-2004.