Errante v. City of New York

OPINION OF THE COURT

Louis Grossman, J.

This is an action by the infant plaintiff, Joel Errante, and his mother to recover damages for personal injuries suffered by infant in a fall when he struck a hole in a sidewalk while *897roller skating. Plaintiffs allege that the defendant, City of New York ("City”), owed them a duty to maintain the sidewalk in a safe and proper condition and that it negligently failed to do so. Defendant City moves for summary judgment dismissing the complaint.

The City does not dispute that it owes to all persons lawfully using its sidewalks a duty to maintain them in a…