Legal Opinion

Garris v. City of New York

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

Decided September 24, 2009PublishedCited by 9 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Karen S. Smith, J.), entered December 18, 2008, which denied the motion of defendants Joseph Orbach and Sidney Orbach and/or Lighthouse 37, LLC (collectively Lighthouse) for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed as to said defendants. The Clerk is directed to enter judgment accordingly.

Lighthouse met its burden on summary judgment with a prima facie showing establishing as a matter of law that plaintiff did not trip on the sidewalk, but rather on a “gap”…

2Cases cited5 opinions

  1. Vucetovic v. Epsom DownsNew York Court of Appeals · 2008
  2. Miller v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  3. Claypool v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  4. Morchik v. Trinity SchoolAppellate Division of the Supreme Court of the State of New York · 1999
  5. Fernandez v. Highbridge Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by9 opinions

  1. Ascencio v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  2. Alleyne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  3. Yousef v. Kyong Jae LeeAppellate Division of the Supreme Court of the State of New York · 2013
  4. Delishi v. Property Owner USA LLCNew York Supreme Court · 2011
  5. Edwards v. W.K. Nursing Home Corp.Appellate Division of the Supreme Court of the State of New York · 2013

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