Legal Opinion

Moscato v. City of New York

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

Decided March 14, 2005PublishedCited by 4 opinions

1Opinion of the Court

. In an action to recover damages for personal injuries, etc., the defendants Antonio Urgese and Maria Urgese appeal from so much of an order of the Supreme Court, Queens County (Flug, J.), dated December 8, 2003, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants, homeowners whose property abutted a public sidewalk, failed to make a prima facie showing that they did not create the allegedly defective condition through an affirmative act of negligence or…

2Cases cited9 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Hausser v. GiuntaNew York Court of Appeals · 1996
  3. Kaufman v. SilverNew York Court of Appeals · 1997
  4. Jandru Mats, Inc. v. Riteway AV Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Benenati v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by4 opinions

  1. Reich v. MeltzerAppellate Division of the Supreme Court of the State of New York · 2005
  2. Zektser v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  3. Llanos v. StarkAppellate Division of the Supreme Court of the State of New York · 2017
  4. Ferreira v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005

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