Farrell v. 225 Parkside, LLC
| Decision Date | 26 June 2019 |
| Docket Number | Index No. 11016/14,2017-11984 |
| Citation | 173 A.D.3d 1138,102 N.Y.S.3d 683 |
| Parties | Denise FARRELL, Respondent, v. 225 PARKSIDE, LLC, etc., Appellant. |
| Court | New York Supreme Court — Appellate Division |
173 A.D.3d 1138
102 N.Y.S.3d 683
Denise FARRELL, Respondent,
v.
225 PARKSIDE, LLC, etc., Appellant.
2017-11984
Index No. 11016/14
Supreme Court, Appellate Division, Second Department, New York.
Argued—March 8, 2019
June 26, 2019
Pillinger Miller Tarallo, LLP, Elmsford, N.Y. (Stephanie L. Goldstein of counsel), for appellant.
Sacco & Fillas, LLP, Astoria, N.Y. (James R. Baez of counsel), for respondent.
WILLIAM F. MASTRO, J.P., MARK C. DILLON, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Genine D. Edwards, J.), dated August 22, 2017. The order denied the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.
On June 16, 2014, the plaintiff tripped and fell in a tree well abutting the sidewalk adjacent to the building in which she resided. At the time of the accident, the building was owned by the defendant. The plaintiff commenced this action to recover
damages for personal injuries, alleging, among other things, that the defendant was negligent in maintaining the subject sidewalk. After joinder of issue, the defendant moved for summary judgment dismissing the complaint. The Supreme Court denied the motion, and the defendant appeals.
Administrative Code of the City of New York § 7–210 places the duty to maintain a sidewalk in a reasonably safe condition on the owner of the property abutting the sidewalk, and provides for civil liability for injuries proximately caused by the failure to so maintain the sidewalk. However, the statute does not extend that duty of maintenance to City-owned tree wells or provide...
To continue reading
Request your trial
-
Tigue v. City of Newburgh
...was not a result of its negligent repair, and that it did not make any special use of the subject area (see Farrell v. 225 Parkside, LLC, 173 A.D.3d 1138, 1139, 102 N.Y.S.3d 683 ; Holmes v. Town of Oyster Bay, 82 A.D.3d at 1048, 919 N.Y.S.2d 207 ; Grier v. 35–63 Realty, Inc., 70 A.D.3d 772,......
-
Iskhakbayev v. Casol Realty, LLC
...owners for injuries that occur in city-owned tree wells" ( id. at 521, 860 N.Y.S.2d 429, 890 N.E.2d 191 ; see Farrell v. 225 Parkside, LLC, 173 A.D.3d 1138, 1139, 102 N.Y.S.3d 683 ; Barrios v. City of New York, 172 A.D.3d 668, 669, 97 N.Y.S.3d 516 ; Newkirk v. City of New York, 129 A.D.3d 6......
-
Ivry v. City of New York
... ... dangerous condition to occur through a special use of that ... area'" (Farrell v 225 Parkside, LLC, 173 ... A.D.3d 1138, 1139, quoting Grier v 35-63 Realty, ... Inc., 70 A.D.3d ... ...
- Deutsche Bank Nat'l Trust Co. v. Bandalos