Legal Opinion

Gary v. 101 Owners Corp.

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

Decided November 29, 2011PublishedCited by 11 opinions

1Opinion of the Court

In February 2008, plaintiff tripped and fell while walking from the street onto the sidewalk at the corner of Stanton and Ludlow Streets in New York City. Using plaintiffs testimony and photographs, defendant established that it was entitled to summary judgment because plaintiff did not trip on the sidewalk flag abutting defendant’s property; instead, plaintiff stumbled on either a crack running through the adjacent pedestrian ramp, or against the edge of the sidewalk flag, which had been exposed when the bordering edge of the ramp sagged below the flag, possibly after the ramp cracked.

While…

2Cases cited4 opinions

  1. Vucetovic v. Epsom DownsNew York Court of Appeals · 2008
  2. Ortiz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  3. Vidakovic v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  4. Ortiz v. City of New YorkNew York Court of Appeals · 2010

3Cited by11 opinions

  1. Martin v. RizzattiAppellate Division of the Supreme Court of the State of New York · 2016
  2. Rodriguez v. Themelion Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Delgado v. 5008 Broadway Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  4. Puello v. Georges Units, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  5. Lebron v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016

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