Rivera v. City of N.Y.
| Decision Date | 05 June 2019 |
| Docket Number | Index No. 507027/14,2018–01655 |
| Citation | 173 A.D.3d 790,102 N.Y.S.3d 245 |
| Parties | Richelle M. RIVERA, Plaintiff-Respondent, v. CITY OF NEW YORK, et al., Defendants-Respondents, Carter's Retail, Inc., Appellant (and a Third-Party Action). |
| Court | New York Supreme Court — Appellate Division |
173 A.D.3d 790
102 N.Y.S.3d 245
Richelle M. RIVERA, Plaintiff-Respondent,
v.
CITY OF NEW YORK, et al., Defendants-Respondents,
Carter's Retail, Inc., Appellant
(and a Third-Party Action).
2018–01655
Index No. 507027/14
Supreme Court, Appellate Division, Second Department, New York.
Argued—March 8, 2019
June 5, 2019
Kowalski & DeVito (McGaw, Alventosa & Zajac, Jericho, N.Y. [Ross P. Masler ], of counsel), for appellant.
Law Office of Stefano A. Filippazzo, P.C., Brooklyn, N.Y. (Louis A. Badolato of counsel), for plaintiff-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 Carter's Retail, Inc., appeals from an order of the Supreme Court, Kings County (Katherine Levine, J.), dated December 1, 2017. The order denied that defendant's motion for summary judgment dismissing the amended complaint and all cross claims insofar as asserted against it.
ORDERED that the order is affirmed, with costs to the plaintiff-respondent.
The plaintiff allegedly was injured when she tripped and fell while stepping onto the curb and sidewalk in front of a store
owned by the defendant 2111 86th Street, LLC (hereinafter 86th Street), and leased by the defendant Carter's Retail, Inc. (hereinafter Carter's). The plaintiff commenced this action against 86th Street, Carter's, and the City of New York, asserting generally that the defendants were negligent in their maintenance of the premises and that they created the dangerous condition upon which the plaintiff fell. Carter's moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against it on the ground that it did not owe the plaintiff a duty of care with respect to the subject sidewalk or curb, as 86th Street was responsible for maintaining the sidewalk and the...
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