Oboler v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Robert D. Lippmann, J.), entered May 3, 2005, dismissing the complaint on defendant’s motion after the conclusion of plaintiffs’ case at trial, affirmed, without costs.
Elaintiffs brought this action to recover damages for injuries allegedly sustained by Alan Oboler when he tripped and fell over a manhole cover. Elaintiffs do not dispute that defendant had no prior written notice of the alleged hazard, and they failed to submit evidence to raise a triable issue of fact as to whether defendant affirmatively created the defective condition (see Amabile v…
2Cases cited9 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Dufel v. GreenNew York Court of Appeals · 1995
- Santoni v. Bertelsmann Property, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Figueroa v. Haven Plaza Housing Development Fund Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Kruimer v. National Cleaning Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
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- Acevedo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2026
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