Legal Opinion

Waner v. City of New York

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

Decided March 25, 2004PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Joan Madden, J.), entered December 10, 2001, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Inasmuch as defendant’s prima facie showing of entitlement to judgment as a matter of law went unrebutted by plaintiff, the grant of summary judgment dismissing the complaint was proper (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). The markings relied upon by plaintiff on the Big Apple Pothole and Sidewalk Protection…

2Cases cited3 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Camacho v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by5 opinions

  1. Roldan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  2. Daniels v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  3. Ortiz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  4. Fisch v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  5. D'Onofrio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007

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