Legal Opinion
Garcia v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided October 9, 2012PublishedCited by 4 opinions
1Opinion of the Court
*492Supreme Court properly granted summary judgment to subcontractor Kaila, in this trip-and-fall action, since there is no evidence in the record that it caused or created the defective condition of the sidewalk (see Ross v Betty G. Reader Revocable Trust, 86 AD3d 419, 421 [1st Dept 2011]; Smith v Costco Wholesale Corp., 50 AD3d 499, 500 [1st Dept 2008]). The deposition testimony and affidavit of Kaila’s principal stating that Kaila did not replace the sidewalk until around several months after plaintiffs accident were sufficient to establish its prima facie entitlement to judgment as a matter…
2Cases cited7 opinions
- Ross v. Betty G. Reader Revocable TrustAppellate Division of the Supreme Court of the State of New York · 2011
- Smith v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Catarine v. Beth Israel Medical CenterAppellate Division of the Supreme Court of the State of New York · 2002
- Spector v. Cushman & Wakefield, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- McGarr v. Guardian Life Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by4 opinions
- Mercedes v. 680 SN LLCAppellate Division of the Supreme Court of the State of New York · 2022
- Bednark v. City of New YorkNew York Supreme Court · 2013
- Corprew v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Corprew v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013