Zalkin v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Mega, J.), dated June 13, 2005, which granted the defendant’s motion, in effect, for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Generally, the issue of whether a dangerous or defective condition exists depends on the particular circumstances of each case, and is properly a question of fact for the jury (see Riser v New York City Hous. Auth., 260 AD2d 564 [1999]; see also Trincere v County of Suffolk, 90 NY2d 976, 977…
2Cases cited8 opinions
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Hargrove v. Baltic EstatesAppellate Division of the Supreme Court of the State of New York · 2000
- Riser v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Corrado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sokolovskaya v. ZemnovitschAppellate Division of the Supreme Court of the State of New York · 2011
- DePascale v. E&A Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Sharpe v. Ulrich Development Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Madero v. Pizzagalli Construction Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Langston v. GonzalezNew York Supreme Court · 2013
7 more not listed; retrieve them via the Exa API.