Legal Opinion
Ortiz v. Nunez
Appellate Division of the Supreme Court of the State of New York
Decided September 21, 2006PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, Bronx County (Stanley Green, J.), entered August 31, 2005, which, upon renewal and reargument, adhered to an earlier order and denied defendant Empire City Subway’s motion for summary judgment, unanimously affirmed, without costs.
The infant plaintiff was injured when he slipped on gravel while crossing a street. Empire City had performed excavation *760work on a nearby street. The motion court correctly found triable issues of fact as to whether Empire City was responsible for the dangerous gravel condition (see e.g. Lau v City of New York, 22 AD3d 529 [2005]; Rodriguez v…
2Cases cited5 opinions
- Rosenberg v. Equitable Life Assurance SocietyNew York Court of Appeals · 1992
- Tytell v. Battery Beer Distributing, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Emmons v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Rodriguez v. Parkchester South Condominium, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Lau v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by1 opinion
- Poidomani v. Shop-Rite Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 2024