Legal Opinion

Diaz v. 1100 Wyatt LLC

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

Decided October 11, 2012PublishedCited by 1 opinion

1Opinion of the Court

Elaintiff testified at his deposition that he tripped in front of defendant’s premises when his foot went into a crack or hole in the sidewalk. He did not see the crack until he was shown a picture of the area, but he felt it with his foot when he fell. Despite never seeing the crack or hole at the time of the accident, plaintiff attributed his fall to that condition. Thus, defendant did not sustain its burden of demonstrating, in the first instance, that the alleged sidewalk defect was not the cause of plaintiffs fall (see Tiles v City of New York, 262 AD2d 174 [1st Dept 1999]; see also…

2Cases cited2 opinions

  1. Tiles v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  2. Clark v. Jay Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012

3Cited by1 opinion

  1. Mottola v. Harvest on Hudson, LLCAppellate Division of the Supreme Court of the State of New York · 2014

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