Legal Opinion

Gilmartin v. City of New York

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

Decided February 1, 2011PublishedCited by 7 opinions

1Opinion of the Court

*412Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered April 28, 2010, which, inter alia, denied the O’Grady defendants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendants established that they are the owners of a single-family residential property and are therefore exempt from statutory liability for personal injury caused by the failure to maintain the sidewalk abutting their property in a reasonably safe condition (see Administrative Code of City of NY § 7-210 [b]). However, they failed to establish their…

2Cases cited2 opinions

  1. Ferrante v. American Lung Ass'nNew York Court of Appeals · 1997
  2. Otero v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by7 opinions

  1. Soussi v. GobinAppellate Division of the Supreme Court of the State of New York · 2011
  2. Citibank, N.A. v. Uri Schwartz & Sons Diamonds Ltd.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Davidson v. Shubert Org., Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  4. Davidson v. Shubert Org., Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  5. Citibank, N.A. v. Uri Schwartz & Sons Diamonds Ltd.Appellate Division of the Supreme Court of the State of New York · 2012

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