From Casetext: Smarter Legal Research

Anderson v. CD Fleetwood Associates, LLC

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 2011
82 A.D.3d 689 (N.Y. App. Div. 2011)

Opinion

No. 2009-10424.

March 1, 2011.

In an action to recover damages for personal injuries, the defendant City of Mount Vernon appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered September 23, 2009, as denied that branch of its cross motion which was for summary judgment dismissing the complaint insofar as asserted against it.

Loretta J. Hottinger, Corporation Counsel, Mount Vernon, N.Y. (Hina Sherwani of counsel), for appellant.

Scott Baron Associates, P.C., Howard Beach, N.Y. (W. Bradford Bernardt of counsel), for respondent.

Before: Skelos, J.P., Balkin, Leventhal and Hall, JJ.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant City of Mount Vernon submitted evidence sufficient to establish, prima facie, that it did not have prior written notice of the alleged hole in the sidewalk which proximately caused the plaintiff to fall ( see De La Reguera v City of Mount Vernon, 74 AD3d 1127; Trinidad v City of Mount Vernon, 51 AD3d 661; Regan v City of New York, 8 AD3d 462). However, in opposition to the City's cross motion for summary judgment, the plaintiff raised a triable issue of fact as to whether the City affirmatively created the alleged defect by removing a parking meter from the sidewalk ( see Cabrera v City of New York, 21 AD3d 1047).

The City's remaining contentions are without merit.

Accordingly, the Supreme Court properly denied that branch of the City's cross motion which was for summary judgment dismissing the complaint insofar as asserted against it.


Summaries of

Anderson v. CD Fleetwood Associates, LLC

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 2011
82 A.D.3d 689 (N.Y. App. Div. 2011)
Case details for

Anderson v. CD Fleetwood Associates, LLC

Case Details

Full title:BARBARA ANDERSON, Respondent, v. CD FLEETWOOD ASSOCIATES, LLC, Defendant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 2011

Citations

82 A.D.3d 689 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 1607
917 N.Y.S.2d 895

Citing Cases

Salierno v. City of Mount Vernon

The defendants demonstrated their prima facie entitlement to judgment as a matter of law by establishing that…