Bosi v. Louzoun
| Court | New York Supreme Court Appellate Division |
| Citation | 20 N.Y.S.3d 569,134 A.D.3d 660 |
| Parties | Sandra BOSI, appellant, v. Gilbert LOUZOUN, et al., defendants, City of New York, respondent. |
| Decision Date | 02 December 2015 |
134 A.D.3d 660
20 N.Y.S.3d 569
Sandra BOSI, appellant,
v.
Gilbert LOUZOUN, et al., defendants,
City of New York, respondent.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 2, 2015.
Michael A. Cervini, Elmhurst, N.Y. (Robin Mary Heaney of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Deborah A. Brenner and Janet L. Zaleon of counsel), for respondent.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, and SANDRA L. SGROI, JJ.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Strauss, J.), entered September 24, 2014, which, upon the granting of the application of the defendant City of New York, in effect, for summary judgment dismissing
the complaint insofar as asserted against it, is in favor of the defendant City of New York and against her dismissing the complaint insofar as asserted against that defendant.
ORDERED that the judgment is reversed, on the law, with costs, the application of the defendant the City of New York, in effect, for summary judgment dismissing the complaint insofar as asserted against it is denied, the complaint is reinstated against that defendant, and the matter is remitted to the Supreme Court, Queens County, for a trial against that defendant.
The plaintiff allegedly was injured when she fell into an unguarded tree well while walking on the sidewalk in front of certain premises in Queens, allegedly due to, inter alia, the height difference between the sidewalk and the soil in the well. After filing a notice of claim against the defendant City of New York, the plaintiff commenced this action against, among others, the City, to recover damages for personal injuries.
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