Rivera v. City of New York

CourtNew York Court of Appeals Court of Appeals
CitationRivera v. City of New York, 344 N.Y.S.2d 364, 32 N.Y.2d 726 (N.Y. 1973)
Decision Date25 April 1973
Parties, 297 N.E.2d 99 Ernesto RIVERA, an infant, by his father and natural guardian, Thomas Rivera, and Thomas Rivera, Appellants, v. The CITY OF NEW YORK, Respondent.

Order, 39 A.D.2d 606, 331 N.Y.S.2d 784, affirmed, without costs. No opinion.

All concur.

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7 cases
  • Muallem v. City of New York
    • United States
    • New York Supreme Court — Appellate Division
    • August 17, 1981
    ...bicyclist's complaint against the city. Thereafter, in Rivera v. City of New York, 39 A.D.2d 606, 331 N.Y.S.2d 784, affd. 32 N.Y.2d 726, 344 N.Y.S.2d 364, 297 N.E.2d 99 we again affirmed the dismissal of an infant bicyclist's complaint against the city. And, finally, in Olsen v. City of New......
  • Muallem v. City of New York
    • United States
    • New York Supreme Court
    • May 13, 1980
    ... ... Relying on a series of Appellate Division cases from this Department, the City contends that it "owed no duty to maintain its sidewalks and walkways in a condition reasonably safe for infant bicyclists" (Olsen v. City of New York, 49 A.D.2d 884, 885, 373 N.Y.S.2d 214, 214; Rivera v. City of New York, 39 A.D.2d 606, 331 N.Y.S.2d 784, affd. 32 N.Y.2d 726, 344 N.Y.S.2d 364, 297 N.E.2d 99; Roberto v. City of New York, 35 A.D.2d 782, 315 N.Y.S.2d 819 (all Second Department cases)) ...         While the City has accurately reflected the case law on this subject, an ... ...
  • Cygielman v. City of New York
    • United States
    • New York Supreme Court
    • February 10, 1978
    ...a large hole on the sidewalk was also dismissed in Rivera v. City of New York, 39 A.D.2d 606, 331 N.Y.S.2d 784, affd. 32 N.Y.2d 726, 344 N.Y.S.2d 364, 297 N.E.2d 99. Plaintiff contends that Levy, Rivera and Roberto must be viewed in the context of section 1907 of the Penal Law, which was in......
  • Errante v. City of New York
    • United States
    • New York Supreme Court
    • February 16, 1979
    ... ... However, it is the City's contention that it owes no duty to maintain its sidewalks in perfect condition or in such a condition as would be safe for unusual and extraordinary uses. The City claims that roller skating is such an extraordinary use ...         In Rivera v. City of New York, 39 A.D.2d 606, 331 N.Y.S.2d 784, aff'd 32 N.Y.2d 726, 344 N.Y.S.2d 364, 297 N.E.2d 99, an infant was injured in a fall while riding a bicycle on a public sidewalk when its front wheel struck a hole near the curb. In that case, the court held that a municipality was bound only ... ...
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