Donadio v. City of N.Y., 2014-01725, 2014-08124
| Court | New York Supreme Court Appellate Division |
| Citation | 2015 N.Y. Slip Op. 02093,6 N.Y.S.3d 85,126 A.D.3d 851 |
| Docket Number | 2014-01725, 2014-08124 |
| Parties | Pamela DONADIO, appellant, v. CITY OF NEW YORK, et al., respondents. |
| Decision Date | 18 March 2015 |
126 A.D.3d 851
6 N.Y.S.3d 85
2015 N.Y. Slip Op. 02093
Pamela DONADIO, appellant
v.
CITY OF NEW YORK, et al., respondents.
2014-01725, 2014-08124
Supreme Court, Appellate Division, Second Department, New York.
March 18, 2015.
Monaco & Monaco, LLP, Brooklyn, N.Y. (Frank A. Delle Donne of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Deborah A. Brenner of counsel; Brian Thayer on the brief), for respondents City of New York, New York City Department of Parks and Recreation, and New York City Department of Transportation.
Devitt Spellman Barrett, LLP, Smithtown, N.Y. (John M. Denby of counsel), for respondent Seabury Condominium Board of Managers and defendant Seabury Condominium.
RANDALL T. ENG, P.J., LEONARD B. AUSTIN, JEFFREY A. COHEN, and BETSY BARROS, JJ.
Opinion
In a consolidated action to recover damages for personal injuries, the plaintiff appeals (1) from an order of the Supreme Court, Queens County (Kerrigan, J.), entered November 15, 2013, which granted that branch of the motion of the defendant Seabury Condominium Board of Managers which was for summary judgment dismissing the complaint insofar as asserted against it, and (2), as limited by her brief, from so much of an order of the same
court entered November 29, 2013, as granted that branch of the motion of the defendants City of New York, New York City Department of Parks and Recreation, and New York City Department of Transportation which was for summary judgment dismissing the complaint insofar as asserted against them.
ORDERED that the order entered November 15, 2013, is affirmed; and it is further,
ORDERED that the order entered November 29, 2013, is affirmed insofar as appealed from; and it is further,
ORDERED that one bill of costs is awarded to the defendants City of New York, New York City Department of Parks and Recreation, and New York City Department of Transportation, and the defendant Seabury Condominium Board of Managers, appearing separately and filing separate briefs.
On February 5, 2008, the plaintiff allegedly was injured when she lost her balance and fell after stepping into a curbside tree well adjacent to property located at 56–16 Seabury Street in Queens.
A tree well does not fall within the applicable Administrative Code definition of “sidewalk” and, thus, “section 7–210 does not impose civil liability on property owners for injuries that occur in city-owned tree wells” (Vucetovic v. Epsom Downs, Inc., 10 N.Y.3d 517, 521, 860 N.Y.S.2d 429, 890 N.E.2d 191 ; see Administrative Code of City of N.Y. § 7–210; Vigil v. City of New York, 110...
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...sidewalks, a plaintiff must demonstrate that the City has received prior written notice of the defect" (Donadio v. City of New York, 126 A.D.3d 851, 853, 6 N.Y.S.3d 85 ; see Administrative Code § 7–201[c][2]; see also Morelli v. Starbucks Corp., 107 A.D.3d 963, 968 N.Y.S.2d 542 ; O'Donoghue......
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Oser v. City of N.Y.
...to the requirement applies" (Abano v. Suffolk County Community Coll., 66 A.D.3d 719, 887 N.Y.S.2d 200 ; see Donadio v. City of New York, 126 A.D.3d 851, 852, 6 N.Y.S.3d 85 ; 133 A.D.3d 729Albano v. Suffolk County, 99 A.D.3d 741, 742, 952 N.Y.S.2d 245 ). The only recognized exceptions to the......
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...tree wells” (Vucetovic v. Epsom Downs, Inc., 10 N.Y.3d 517, 521, 860 N.Y.S.2d 429, 890 N.E.2d 191 ; see Donadio v. City of New York, 126 A.D.3d 851, 852, 6 N.Y.S.3d 85 ; Avezbakiyev v. Champion Commons, LLC, 122 A.D.3d 781, 782, 997 N.Y.S.2d 156 ; Vigil v. City of New York, 110 A.D.3d 986, ......
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Gibbons v. City of N.Y., 2015-11694, Index No. 10826/12.
...1048, 919 N.Y.S.2d 207 ; cf. Leibowitz v. 2555 E. 12th St. Corp., 128 A.D.3d 1023, 1024, 10 N.Y.S.3d 298 ; Donadio v. City of New York, 126 A.D.3d 851, 852, 6 N.Y.S.3d 85 ; Morelli v. Starbucks Corp., 107 A.D.3d 963, 964, 968 N.Y.S.2d 542 ; Morales v. Pozo, 90 A.D.3d 625, 933 N.Y.S.2d 902 )......
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Bosi v. Louzoun
...sidewalks, a plaintiff must demonstrate that the City has received prior written notice of the defect" (Donadio v. City of New York, 126 A.D.3d 851, 853, 6 N.Y.S.3d 85 ; see Administrative Code § 7–201[c][2]; see also Morelli v. Starbucks Corp., 107 A.D.3d 963, 968 N.Y.S.2d 542 ; O'Donoghue......
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Oser v. City of N.Y.
...to the requirement applies" (Abano v. Suffolk County Community Coll., 66 A.D.3d 719, 887 N.Y.S.2d 200 ; see Donadio v. City of New York, 126 A.D.3d 851, 852, 6 N.Y.S.3d 85 ; 133 A.D.3d 729Albano v. Suffolk County, 99 A.D.3d 741, 742, 952 N.Y.S.2d 245 ). The only recognized exceptions to the......
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Newkirk v. City of N.Y., 2014-04704
...tree wells” (Vucetovic v. Epsom Downs, Inc., 10 N.Y.3d 517, 521, 860 N.Y.S.2d 429, 890 N.E.2d 191 ; see Donadio v. City of New York, 126 A.D.3d 851, 852, 6 N.Y.S.3d 85 ; Avezbakiyev v. Champion Commons, LLC, 122 A.D.3d 781, 782, 997 N.Y.S.2d 156 ; Vigil v. City of New York, 110 A.D.3d 986, ......
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Gibbons v. City of N.Y., 2015-11694, Index No. 10826/12.
...1048, 919 N.Y.S.2d 207 ; cf. Leibowitz v. 2555 E. 12th St. Corp., 128 A.D.3d 1023, 1024, 10 N.Y.S.3d 298 ; Donadio v. City of New York, 126 A.D.3d 851, 852, 6 N.Y.S.3d 85 ; Morelli v. Starbucks Corp., 107 A.D.3d 963, 964, 968 N.Y.S.2d 542 ; Morales v. Pozo, 90 A.D.3d 625, 933 N.Y.S.2d 902 )......