Rodriguez v. City of New York

Appellate Division of the Supreme Court of New York

Rodriguez v. City of New York

12 A.D.3d 282, 784 N.Y.S.2d 855, 2004 N.Y. App. Div. LEXIS 14153

Appellate Division of the Supreme Court of the State of New York·Decided November 23, 2004·Published·Cited by 2 cases

Opinion

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered March 22, 2004, which, in an action for personal injuries sustained when plaintiff tripped on the sidewalk outside of defendant-appellant’s hotel, denied defendant-appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Although defendant City of New York would generally be liable for accidents caused by sidewalk defects (see Weiskopf v City of New York, 5 AD3d 202, 203 [2004]) that occurred prior to September 14, 2003 (Administrative Code of City of NY § 7-210), appellant failed to establish that plaintiff’s accident occurred outside the property line of its hotel, which is designated by plaques on the sidewalk. Thus, an issue of fact remains as to whether the alleged sidewalk defect was on appellant’s property or the public sidewalk. We have considered appellant’s other arguments and find them unavailing. Concur—Sullivan, J.P., Ellerin, Williams, Gonzalez and Catterson, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered March 22, 2004, which, in an action for personal injuries sustained when plaintiff tripped on the sidewalk outside of defendant-appellant’s hotel, denied defendant-appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Although defendant City of New York would generally be liable for accidents caused by sidewalk defects (see Weiskopf v City of New York, 5 AD3d 202, 203 [2004]) that occurred prior to September 14, 2003 (Administrative Code of City of NY § 7-210), appellant failed to establish that plaintiff’s accident occurred outside the property line of its hotel, which is designated by plaques on the sidewalk. Thus, an issue of fact remains as to whether the alleged sidewalk defect was on appellant’s property or the public sidewalk. We have considered appellant’s other arguments and find them unavailing. Concur—Sullivan, J.P., Ellerin, Williams, Gonzalez and Catterson, JJ.

Rodriguez v. City of New York, 12 A.D.3d 282, 784 N.Y.S.2d 855, 2004 N.Y. App. Div. LEXIS 14153 (N.Y. Ct. App. 2004).

Pincite

12 A.D.3d 282 (Rodriguez v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related