Legal Opinion
Levine v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 2012PublishedCited by 6 opinions
1Opinion of the Court
*420No appeal lies from that part of the order dismissing the second third-party complaint against Danella. Plaintiffs never asserted a direct claim against Danella, and thus, are not aggrieved by the dismissal of the second third-party action (see CPLR 5511; 11 Essex St. Corp. v Tower Ins. Co. of NY., 96 AD3d 699, 699-700 [1st Dept 2012]).
Con Ed established its entitlement to judgment as a matter of law by showing that it did not cause or create the pothole that caused plaintiff Renee Levine’s fall and resultant injuries. Con Ed’s employee testified that excavation of the area was completed more…
2Cases cited3 opinions
- Grullon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Robinson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Jones v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
3Cited by6 opinions
- Camacho v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- Gomez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- McDaniel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
- McDaniel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
- Bello v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2024
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