Olsen v. City of New York

• Court: New York Supreme Court — Appellate Division
• Citation: Olsen v. City of New York, 373 N.Y.S.2d 214, 49 A.D.2d 884 (N.Y. App. Div. 1975)
• Decision Date: 06 October 1975
• Parties: Karen OLSEN, etc., et al., Respondents, v. The CITY OF NEW YORK, Appellant.

Page 214

373 N.Y.S.2d 214

49 A.D.2d 884

Karen OLSEN, etc., et al., Respondents, v. The CITY OF NEW YORK, Appellant.

Supreme Court, Appellate Division, Second Department.

Oct. 6, 1975.

W. Bernard Richland, Corp. Counsel, New York City (Nina G. Goldstein and L. Kevin Sheridan, New York City, of counsel), for appellant.

Nathan R. Shapiro, New York City (Mark E. Arroll, New York City, of counsel), for respondents.

Before MARTUSCELLO, Acting P.J., and LATHAM, MARGETT, BRENNAN and SHAPIRO, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for personal injuries, defendant appeals (by permission) from an order of the Appellate Term, 2nd and 11th Judicial Districts, dated January 22, 1974, which affirmed a judgment of the Civil Court of the City of New York, Queens County, entered June 18, 1971, in favor of plaintiffs.

Order and judgment reversed, on the law, without costs, and complaint dismissed, without costs.

Defendant owes no duty to maintain its sidewalks and walkways in a condition reasonably safe for infant bicyclists (Rivera v. City of New York, 39 A.D.2d 606, 331 N.Y.S.2d 784, affd. 32...