Townsend v. City of New York

• Court: New York Supreme Court — Appellate Division
• Citation: Townsend v. City of New York, 306 A.D.2d 401, 760 N.Y.S.2d 883 (N.Y. App. Div. 2003)
• Decision Date: 16 June 2003
• Parties: JULIAN TOWNSEND, Appellant,<BR>v.<BR>CITY OF NEW YORK, Respondent.

306 A.D.2d 401

760 N.Y.S.2d 883

JULIAN TOWNSEND, Appellant,

v.CITY OF NEW YORK, Respondent.

Decided June 16, 2003.

Santucci, J.P., Florio, Schmidt and Adams, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the defendant's motion to dismiss the complaint. Viewing the evidence in the light most favorable to the plaintiff, there is no rational process by which a jury could find for the plaintiff and against the defendant (see Habib v Habib, 278 AD2d 277 [2000]; Scholl v Heidi's Delicatessen, 232 AD2d 396 [1996]). The plaintiff failed to present any evidence that the defendant either created or had actual or constructive notice of the allegedly dangerous condition (see Piacquadio v Recine Realty Corp., 84 NY2d 967, 969 [1994]).

The plaintiff's remaining contention is without merit.