Legal Opinion

Baez v. City of New York

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

Decided December 14, 2000PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 24, 1998, which, upon defendant’s motion at the conclusion of plaintiffs’ case, dismissed the complaint, affirmed, without costs.

Plaintiff alleges that he fell and was injured at the corner of Murray Street and Broadway. Although he originally claimed that the accident was caused by a jagged piece of protruding metal, at trial he sought to show that his fall resulted from the excessive slope of the pedestrian ramp. This, it was asserted, was a condition of which defendant was aware.

The trial court properly dismissed the…

2Cases cited5 opinions

  1. George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
  2. Poirier v. City of SchenectadyNew York Court of Appeals · 1995
  3. Kelly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
  4. Wisniewski v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1930
  5. Malacow v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by6 opinions

  1. Gogos v. Modell's Sporting Goods, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Ragolia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  3. Fifth Ave. Surgery Ctr. LLC v. JJS Group Inc.Appellate Division of the Supreme Court of the State of New York · 2026
  4. Gogos v. Modell's Sporting Goods, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Haibi v. 790 Riverside Drive Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2017

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