Legal Opinion

Cucinotta v. City of New York

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

Decided December 29, 2009PublishedCited by 10 opinions

1Opinion of the Court

Plaintiff was allegedly injured on August 21, 2004 when he tripped and fell on an allegedly defective sidewalk abutting the *683premises located at 162 West 21st Street, New York. The premises was owned by Northside, and leased by Meriken (the restaurant), pursuant to a lease agreement (lease) and a rider to the lease (rider) dated July 7, 2004.

Section 4 of the lease required Meriken to make all nonstructural repairs to the sidewalks. Paragraph 43 (a) of the rider assigned responsibility to Meriken for, inter alia, structural repairs to the premises which arose from its negligence or misconduct…

2Cases cited4 opinions

  1. Margolin v. New York Life InsuranceNew York Court of Appeals · 1973
  2. Inchaustegui v. 666 5th Avenue Ltd. PartnershipNew York Court of Appeals · 2001
  3. Berkowitz v. Dayton Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Inchaustegui v. 666 5th Avenue Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by10 opinions

  1. Bleich v. Metropolitan Management, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  2. Wahl v. JCNYC, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  3. McLaughlin v. Ann-Gur Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Negron v. Marco Realty Assoc., L.P.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Langston v. GonzalezNew York Supreme Court · 2013

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