Legal Opinion

Rivera v. City of New York

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

Decided December 11, 2008PublishedCited by 4 opinions

1Opinion of the Court

*282The speed bump is located on a pedestrian walkway leading from the front door of the building where plaintiffs sister lives. Although it was nighttime when plaintiff exited the building, the lights in the building’s hallway were on, as were nearby street lights. Defendant established its prima facie entitlement to summary judgment by showing that the speed bump was plainly observable and did not pose any danger to someone making reasonable use of his or her senses. A photograph of the scene depicts a speed bump spanning the width of the walkway plainly visible in the illumination cast by two…

2Cases cited4 opinions

  1. Tagle v. JakobNew York Court of Appeals · 2001
  2. Garrido v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
  3. Bastone v. 1144 Yonkers Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Delia v. 1586 Northern Blvd. Co.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by4 opinions

  1. Buccino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  2. Brande v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 2013
  3. Brande v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 2013
  4. Sweeney v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 2010

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