Legal Opinion

Boniello v. City of New York

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

Decided May 23, 2013PublishedCited by 3 opinions

1Opinion of the Court

—Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered September 16, 2011, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was proper since plaintiff failed to raise a triable issue of fact concerning defendant’s prior notice of the defect which plaintiff alleged caused her to fall (see Administrative Code of City of NY § 7-201 [c]). Although documents produced by defendant indicated that multiple 311 calls resulted in an inspection by defendant’s employees and a determination that a…

2Cases cited2 opinions

  1. Bruni v. City of New YorkNew York Court of Appeals · 2004
  2. Roldan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by3 opinions

  1. Stoller v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  2. Leitner v. 304 Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  3. Hued v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019

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