Legal Opinion · Dissent

Foley v. City of New York

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

Decided June 6, 2017No. 3416 114390/08Published

1Dissent

*434Tom and Kahn, JJ.,

dissent in a memorandum by Tom, J., as follows: I would find that the trial court properly set aside the verdict against the City for lack of legally sufficient evidence that the City had prior written notice of the alleged defect in the crosswalk at the corner where plaintiff indicated she fell (Administrative Code of City of NY § 7-201 [c]). Plaintiff’s evidence was insufficient to show that the markings on the Big Apple Map constituted notice of defects at the location of her accident, since she fell at a completely different location than the sidewalk defect marking on…

2Cases cited7 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Roldan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  3. Almadotter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  4. Reyes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  5. Vega v. 103 Thayer Street, LLCNew York Court of Appeals · 2014

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API