Legal Opinion
Lazar v. Burger Heaven
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2011PublishedCited by 8 opinions
1Opinion of the Court
Defendants established their prima facie entitlement to judgment as a matter of law. Defendants submitted evidence showing that the chair was an open and obvious condition and not inherently dangerous (see Matthews v Vlad Restoration Ltd., 74 AD3d 692 [2010]; Schulman v Old Navy/Gap, Inc., 45 AD3d 475 [2007]). Defendants also demonstrated that the placement of the café’s chairs on the sidewalk was in compliance with 34 RCNY 2-10 (c) (1), which provides that “[e]ight feet or one-half the sidewalk width, whichever is greater, shall be maintained by the permittee for unobstructed pedestrian…
2Cases cited3 opinions
- Centeno v. Regine's Originals, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Schulman v. Old Navy/The Gap, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Matthews v. Vlad Restoration Ltd.Appellate Division of the Supreme Court of the State of New York · 2010
3Cited by8 opinions
- Boyd v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2013
- Jordan-Parker v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2016
- Barchi v. Rudin East 55th Street LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Ruiz v. 221-223 E. 28th St., LLCAppellate Division of the Supreme Court of the State of New York · 2016
- JORDAN-PARKER, SHARON v. CITY OF BUFFALOAppellate Division of the Supreme Court of the State of New York · 2016
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