Legal Opinion

Foley v. City of New York

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

Decided June 6, 2017No. 3416 114390/08PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Frank P. Ñervo, J.), entered October 8, 2015, which granted defendant’s motion pursuant to CPLR 4404 to set aside the jury’s verdict on liability and dismissed the complaint, reversed, on the law, without costs, the motion denied, and the jury verdict reinstated.

“Although ‘[t]he awareness of one defect in the area is insufficient to constitute notice of a different particular defect which caused the accident,’ where there are factual issues as to the precise location of the defect that caused a plaintiff’s fall and whether the defect is designated on the…

2Cases cited6 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Roldan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  3. Quinn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  4. Camacho v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  5. Trager v. KampeAppellate Division of the Supreme Court of the State of New York · 2005

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Figueroa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
  2. McDaniel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
  3. McDaniel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
  4. Foley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  5. Sanchez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019

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