Swift v. City of New York

Appellate Division of the Supreme Court of New York

Swift v. City of New York

271 A.D.2d 329, 706 N.Y.S.2d 874, 2000 N.Y. App. Div. LEXIS 4371

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

DecidedApril 20, 2000

StatusPublished

This text of 271 A.D.2d 329 (Swift 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

Swift v. City of New York, 271 A.D.2d 329, 706 N.Y.S.2d 874, 2000 N.Y. App. Div. LEXIS 4371 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, New York County (Kibbie Payne, J.), entered on or about August 31, 1999, which, to the extent appealed from, denied the motion of defendant Olivares Market for summary judgment dismissing the complaint and cross claims against it, unanimously affirmed, without costs.

Since a question of fact remains as to whether defendant-appellant had special use of the purportedly hazardous portion of the sidewalk upon which plaintiff allegedly fell and sustained injury, summary judgment was properly denied (see, Peretich v City of New York, 263 AD2d 410, 411; Santorelli v City of New York, 77 AD2d 825). Concur — Rosenberger, J. P., Williams, Rubin, Saxe and Buckley, JJ.

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—Order, Supreme Court, New York County (Kibbie Payne, J.), entered on or about August 31, 1999, which, to the extent appealed from, denied the motion of defendant Olivares Market for summary judgment dismissing the complaint and cross claims against it, unanimously affirmed, without costs.

Since a question of fact remains as to whether defendant-appellant had special use of the purportedly hazardous portion of the sidewalk upon which plaintiff allegedly fell and sustained injury, summary judgment was properly denied (see, Peretich v City of New York, 263 AD2d 410, 411; Santorelli v City of New York, 77 AD2d 825). Concur — Rosenberger, J. P., Williams, Rubin, Saxe and Buckley, JJ.

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Bluebook (online)

271 A.D.2d 329, 706 N.Y.S.2d 874, 2000 N.Y. App. Div. LEXIS 4371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swift-v-city-of-new-york-nyappdiv-2000.

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