Legal Opinion
Zinno v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 1990PublishedCited by 11 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Garry, J.), entered July 8, 1988, which, upon a ruling granting the defendant’s application to dismiss the complaint at the close of the plaintiffs’ case for failure to establish a prima facie case, is in favor of the defendant and against them.
Ordered that the judgment is affirmed, with costs.
It is well settled that "[ajbsent prior written notice of the alleged defective condition the city is liable only for affirmative negligence (see, Administrative Code…
2Cases cited2 opinions
- Parella v. LevinAppellate Division of the Supreme Court of the State of New York · 1985
- Caliendo v. SperoAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by11 opinions
- Forbes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Ferris v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1992
- Estrada v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Tyschak v. Incorporated VillageAppellate Division of the Supreme Court of the State of New York · 1993
- Barnes v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1997
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