Legal Opinion

Ortiz v. City of New York

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

Decided February 14, 2013PublishedCited by 1 opinion

1Opinion of the Court

*469Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered March 15, 2012, which, to the extent appealed from as limited by the briefs, denied the Reinosa defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Appellants failed to demonstrate as a matter of law that the alleged defect, at the location where plaintiff testified she tripped on a raised portion of the sidewalk, was trivial. The photographs provided by appellants in support of their motion are unclear in the record.

Based on plaintiffs testimony, it is also not clear whether…

2Cases cited1 opinion

  1. Gary v. 101 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2011

3Cited by1 opinion

  1. Mema v. 25 Broadway RealtyAppellate Division of the Supreme Court of the State of New York · 2017

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