Legal Opinion
Cotch v. City of Albany
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 2007PublishedCited by 4 opinions
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (McNamara, J.), entered December 23, 2005 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.
Plaintiff sustained a fractured ankle when he stepped into a hole in defendant’s sidewalk that had previously contained a tree and a protective iron grate covering. Thereafter, plaintiff commenced this personal injury action alleging that defendant negligently created a dangerous and defective condition, thereby causing his injury. Following joinder of issue, defendant moved for summary judgment, asserting that it…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Hendrickson v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 2002
- Brooks v. Village of HorseheadsAppellate Division of the Supreme Court of the State of New York · 2005
- Fuhrmann v. City of BinghamtonAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by4 opinions
- Gagnon v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2008
- Boice v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 2009
- Babenzien v. Town of FentonAppellate Division of the Supreme Court of the State of New York · 2009
- Urban v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2011