Ortiz v. City of New York

New York Court of Appeals

Ortiz v. City of New York

925 N.E.2d 582, 14 N.Y.3d 779, 898 N.Y.S.2d 544

New York Court of Appeals·Decided March 25, 2010·No. 116 SSM 5·Published·Cited by 10 cases

Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, reversed, with costs, defendant City of New York’s motion for summary judgment granted, the complaint and all cross claims against the City of New York dismissed, and certified question answered in the negative. No triable issue of fact exists as to whether the City created a dangerous condition that caused plaintiffs injuries.

Concur: Chief Judge Lippman and Judges Ciparick, Grapfeo, Read, Smith, Pigott and Jones.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, reversed, with costs, defendant City of New York’s motion for summary judgment granted, the complaint and all cross claims against the City of New York dismissed, and certified question answered in the negative. No triable issue of fact exists as to whether the City created a dangerous condition that caused plaintiffs injuries.

Concur: Chief Judge Lippman and Judges Ciparick, Grapfeo, Read, Smith, Pigott and Jones.

Ortiz v. City of New York, 925 N.E.2d 582, 14 N.Y.3d 779, 898 N.Y.S.2d 544 (N.Y. 2010).

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Opinion

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