Legal Opinion
Gomez v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 1997PublishedCited by 6 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated May 2, 1996, which granted the motion of the defendants James Couchells and Christina Couchells for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
Ordered that the order is affirmed, with costs.
It is well settled that an abutting landowner is not responsible for damage caused to a sidewalk by the roots of a tree (see, Darringer v Furtsch, 225 AD2d 577; Yass v Deepdale Gardens, 187 AD2d 506; Zawacki v…
2Cases cited5 opinions
- Friedman v. GearrityAppellate Division of the Supreme Court of the State of New York · 1970
- Yass v. Deepdale GardensAppellate Division of the Supreme Court of the State of New York · 1992
- Zawacki v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1992
- Darringer v. FurtschAppellate Division of the Supreme Court of the State of New York · 1996
- Orjuela v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by6 opinions
- Romano v. LegerAppellate Division of the Supreme Court of the State of New York · 2010
- Missirlakis v. McCarthyAppellate Division of the Supreme Court of the State of New York · 2016
- Velho v. Village of Sleepy HollowAppellate Division of the Supreme Court of the State of New York · 2014
- Simmons v. GuthrieAppellate Division of the Supreme Court of the State of New York · 2003
- Gitterman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
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