Muallem v. City of New York

OPINION OF THE COURT

John A. Monteleone, J.

In this action for damages based on the alleged negligence of the defendants, City of New York and Harry Franco, said defendants separately move for summary judgment dismissing plaintiff’s complaint for failure to state a cause of action.

On June 11, 1970 Daniel Muallem, then nine years old, was injured while riding a bicycle on the sidewalk in front of premises owned by defendant Franco. The complaint alleges that Daniel fell due to cracks in the sidewalk and was thrown into the garden owned and maintained by Franco.

For purposes of its motion for…