Legal Opinion
Garcia v. New York City Industrial Development Agency
Appellate Division of the Supreme Court of the State of New York
Decided January 16, 2001PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about October 22, 1999, which granted defendants-respondents’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
The motion was properly granted in the absence of evidence rebutting defendants’ prima facie showing that the allegedly dangerous condition that caused plaintiffs injuries was readily observable (see, Serrano v New York City Hous. Auth., 268 AD2d 230; Goslin v La Mora, 137 AD2d 941). Plaintiffs claim in his affidavit in opposition that the danger was obscured…
2Cases cited5 opinions
- Kistoo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Russell v. Archer BuildIng Centers, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Goslin v. La MoraAppellate Division of the Supreme Court of the State of New York · 1988
- Garcia v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
- Serrano v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by3 opinions
- Wright v. Frawley Plaza Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Marcano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Wright v. Frawley Plaza Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 2013