Koeppel v. City of New York

CourtNew York Supreme Court Appellate Division
Writing for the CourtBefore ROSENBERGER
Citation205 A.D.2d 402,613 N.Y.S.2d 389
Decision Date21 June 1994
PartiesShirley KOEPPEL, et al., Plaintiffs-Respondents, v. The CITY OF NEW YORK, Defendant, John Lai, et al., Defendants-Appellants.

Page 389

613 N.Y.S.2d 389
205 A.D.2d 402
Shirley KOEPPEL, et al., Plaintiffs-Respondents,
v.
The CITY OF NEW YORK, Defendant,
John Lai, et al., Defendants-Appellants.
Supreme Court, Appellate Division,
First Department.
June 21, 1994.

Page 390

[205 A.D.2d 403] Before ROSENBERGER, J.P., and KUPFERMAN, ROSS, NARDELLI and TOM, JJ.

MEMORANDUM DECISION.

[205 A.D.2d 402] Order, Supreme Court, New York County (Stuart Cohen, J.), entered June 18, 1993, which denied defendants-appellants' motions for summary judgment in this negligence action, unanimously affirmed, without costs.

In light of the fact that it is unclear who was responsible for the dumpster in front of 51 Mott Street at the time of the slip [205 A.D.2d 403] and fall accident, and since the use of the dumpster, which allegedly blocked part of the sidewalk, may have converted the sidewalk into one used for a "special purpose" (cf., Kiernan v. Thompson, 137 A.D.2d 957, 958, 525 N.Y.S.2d 380), and thereby may have contributed to the hazardous conditions which allegedly caused plaintiff to slip and fall, questions of fact exist which preclude summary judgment. We further note that while there is no direct evidence as to who actually placed the dumpster in front of the premises, issues of fact are raised by the circumstantial evidence as to the liability of each of the defendants-appellants (see, Spett v. President Monroe Bldg. & Mfg. Corp., 19 N.Y.2d 203, 205, 278 N.Y.S.2d 826, 225 N.E.2d 527).

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4 practice notes
  • Vega v. Restani Constr. Corp..
    • United States
    • New York Supreme Court Appellate Division
    • May 27, 2010
    ...issues of fact, albeit circumstantially, precludes the dismissal of the complaint as against GFC ( see Koeppel v. City of New York, 205 A.D.2d 402, 403, 613 N.Y.S.2d 389 [1994] ). Any claim that, even if proven, GFC's conduct in overloading the garbage can not be tantamount to negligence is......
  • Weiss v. City of N.Y., 8784
    • United States
    • New York Supreme Court Appellate Division
    • March 26, 2019
    ...raised by the circumstantial evidence as to the liability of each of the defendants (see e.g.97 N.Y.S.3d 41 Koeppel v. City of New York , 205 A.D.2d 402, 613 N.Y.S.2d 389 [1st Dept. 1994] ).We have considered the remaining arguments and find them...
  • D'Espresso of 42nd St., LLC v. Green 317 Madison, LLC, Index No. 150087/2014
    • United States
    • United States State Supreme Court (New York)
    • February 28, 2014
    ...Liberie Cooperative v. Bilhaud, 126 Misc.2d 961 (AT 1st Dept 1984): Lexington Avenue &42nd Street Corp. v. 380 Lexchamp Operating., 205 A.D.2d 402 (1st Dept 1994). The mere fact that the landlord has the option to bring a nonpayment proceeding does not preclude the landlord from termina......
  • Morocco v. Kelly
    • United States
    • New York Supreme Court Appellate Division
    • June 21, 1994
    ...For a Judgment, etc., v. Raymond KELLY, etc., Respondent. Supreme Court, Appellate Division, First Department. June 21, 1994. [205 A.D.2d 402] Before ROSENBERGER, J.P., and KUPFERMAN, ROSS, NARDELLI and TOM, Page 612 MEMORANDUM DECISION. [205 A.D.2d 401] Determination of respondent Commissi......
4 cases
  • Vega v. Restani Constr. Corp..
    • United States
    • New York Supreme Court Appellate Division
    • May 27, 2010
    ...issues of fact, albeit circumstantially, precludes the dismissal of the complaint as against GFC ( see Koeppel v. City of New York, 205 A.D.2d 402, 403, 613 N.Y.S.2d 389 [1994] ). Any claim that, even if proven, GFC's conduct in overloading the garbage can not be tantamount to negligence is......
  • Weiss v. City of N.Y., 8784
    • United States
    • New York Supreme Court Appellate Division
    • March 26, 2019
    ...raised by the circumstantial evidence as to the liability of each of the defendants (see e.g.97 N.Y.S.3d 41 Koeppel v. City of New York , 205 A.D.2d 402, 613 N.Y.S.2d 389 [1st Dept. 1994] ).We have considered the remaining arguments and find them...
  • D'Espresso of 42nd St., LLC v. Green 317 Madison, LLC, Index No. 150087/2014
    • United States
    • United States State Supreme Court (New York)
    • February 28, 2014
    ...Liberie Cooperative v. Bilhaud, 126 Misc.2d 961 (AT 1st Dept 1984): Lexington Avenue &42nd Street Corp. v. 380 Lexchamp Operating., 205 A.D.2d 402 (1st Dept 1994). The mere fact that the landlord has the option to bring a nonpayment proceeding does not preclude the landlord from termina......
  • Morocco v. Kelly
    • United States
    • New York Supreme Court Appellate Division
    • June 21, 1994
    ...For a Judgment, etc., v. Raymond KELLY, etc., Respondent. Supreme Court, Appellate Division, First Department. June 21, 1994. [205 A.D.2d 402] Before ROSENBERGER, J.P., and KUPFERMAN, ROSS, NARDELLI and TOM, Page 612 MEMORANDUM DECISION. [205 A.D.2d 401] Determination of respondent Commissi......

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