Newkirk v. City of N.Y.
| Decision Date | 03 June 2015 |
| Docket Number | 2014-04704 |
| Parties | Margaret NEWKIRK, respondent, v. CITY OF NEW YORK, et al., defendants, Center for Nursing & Rehabilitation, Inc., appellant. |
| Court | New York Supreme Court — Appellate Division |
129 A.D.3d 685
10 N.Y.S.3d 545
2015 N.Y. Slip Op. 04620
Margaret NEWKIRK, respondent
v.
CITY OF NEW YORK, et al., defendants
Center for Nursing & Rehabilitation, Inc., appellant.
2014-04704
Supreme Court, Appellate Division, Second Department, New York.
June 3, 2015.
Vaslas Lepowsky Hauss & Danke, LLP, Staten Island, N.Y. (Neil F. Schreffler of counsel), for appellant.
REINALDO E. RIVERA, J.P., LEONARD B. AUSTIN, JEFFREY A. COHEN, and COLLEEN D. DUFFY, JJ.
Opinion
In an action to recover damages for personal injuries, the defendant Center for Nursing & Rehabilitation, Inc., appeals from an order of the Supreme Court, Kings County (Baynes, J.), dated March 28, 2014, which denied its motion for summary judgment, in effect, dismissing the amended complaint and all cross claims insofar as asserted against it.
ORDERED that the order is reversed, on the law, with costs, and the motion of the defendant Center for Nursing & Rehabilitation, Inc., for summary judgment, in effect, dismissing the amended complaint and all cross claims insofar as asserted against it is granted.
The plaintiff allegedly was injured when she tripped and fell in front of premises owned by the defendant Center for Nursing & Rehabilitation, Inc. (hereinafter the Center). The plaintiff alleges that she fell as a result of a difference in elevation between two cement slabs surrounding a tree within a tree well.
The Center moved for summary judgment, in effect, dismissing the amended complaint and all cross claims insofar as asserted against it. The Center argued that it could not be held liable under § 7–210 of the Administrative Code of the City of New York (hereinafter the Administrative Code), which imposes tort liability on abutting property owners for the failure to maintain city-owned...
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