Chunhye Kang-Kim v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Andrias, J.
Because plaintiff failed to make out a prima facie case that the City of New York was negligent for failing to install barriers or a higher curb at the scene of the accident, we reverse and vacate the judgment and dismiss the complaint against the City.
It is undisputed that at about 10:30 p.m. on January 13, 1994, despite signs and traffic lights indicating that all traffic must turn right, a drunken driver heading east on East 16th Street drove his van through a red light at the intersection of East 16th Street and Union Square West, realized his mistake in not…
2Cases cited12 opinions
- Weiss v. FoteNew York Court of Appeals · 1960
- Friedman v. State of New YorkNew York Court of Appeals · 1986
- Tomassi v. Town of UnionNew York Court of Appeals · 1978
- Buchholz v. Trump 767 Fifth Avenue, LLCNew York Court of Appeals · 2005
- Merino v.New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gjonaj v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Brown v. StateAppellate Division of the Supreme Court of the State of New York · 2010
- Ianotta v. Tishman Speyer Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Hanley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- Soto v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
22 more not listed; retrieve them via the Exa API.