Legal Opinion

Arcabascio v. City of New York

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

Decided January 17, 2012PublishedCited by 6 opinions

1Opinion of the Court

The plaintiff Francesca Arcabascio (hereinafter Arcabascio) allegedly tripped and fell over a defective section of the boardwalk of South Beach in Staten Island on July 9, 2006. The area where she fell was approximately 16 feet away from a light pole numbered 93. Arcabascio and her husband, suing derivatively, commenced this action against the City of New York to recover damages for Arcabascio’s alleged personal injuries and on her husband’s derivative claim.

The City moved, inter alia, for summary judgment dismissing the complaint on the basis that section 7-201 (c) of the Administrative Code…

2Cases cited5 opinions

  1. Ferris v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1992
  2. Michela v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1991
  3. O'Rourke v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 1987
  4. Jones v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1996
  5. Yarshevitz v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. Chirco v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2013
  2. Donnellan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  3. Martens v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Chirco v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2013
  5. Donnellan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013

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