Legal Opinion

Silverio v. City of New York

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

Decided November 20, 2012PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered June 29, 2011, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was warranted since plaintiff failed to demonstrate that defendant had received prior written notice of the sidewalk defect that allegedly caused plaintiffs fall and resultant injuries (see Administrative Code of City of NY § 7-201 [c]; Katz v City of New York, 87 NY2d 241, 243 [1995]). The violation notices cited by plaintiff, dated 15 and 28 years before the accident,…

2Cases cited1 opinion

  1. Katz v. City of New YorkNew York Court of Appeals · 1995

3Cited by2 opinions

  1. Gellman v. CookeAppellate Division of the Supreme Court of the State of New York · 2017
  2. Figueroa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022

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