Legal Opinion
Cuebas v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Decided July 25, 2012PublishedCited by 20 opinions
1Opinion of the Court
*780The defendant demonstrated its prima facie entitlement to judgment as a matter of law since it demonstrated that it did not receive prior written notice of the icy condition complained of in the roadway where the injured plaintiff fell, as required by the Charter of the City of Yonkers § C24-11 (see Pena v City of Yonkers, 82 AD3d 728 [2011]), and that it did not create the dangerous condition through an affirmative act of negligence (cf. Braver v Village of Cedarhurst, 94 AD3d 933 [2012]).
In opposition, the plaintiffs failed to raise a triable issue of fact (see Amabile v City of Buffalo, 93…
2Cases cited5 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Braver v. Village of CedarhurstAppellate Division of the Supreme Court of the State of New York · 2012
- Hunt v. MeyersAppellate Division of the Supreme Court of the State of New York · 2009
- Lichtman v. Village of Kiryas JoelAppellate Division of the Supreme Court of the State of New York · 2011
- Pena v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by20 opinions
- Palka v. Village of OssiningAppellate Division of the Supreme Court of the State of New York · 2014
- Masotto v. Village of LindenhurstAppellate Division of the Supreme Court of the State of New York · 2012
- Maya v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2015
- Lopez-Calderone v. Lang-ViscogliosiAppellate Division of the Supreme Court of the State of New York · 2015
- Romano v. Village of MamaroneckAppellate Division of the Supreme Court of the State of New York · 2012
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