X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

8863. MARIA CASTRO, plf-ap, v. THE CITY OF NEW YORK def-res — Sim & Records, LLP, Bayside (Sang J. Sim of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered April 23 2012, which, in this sidewalk trip and fall case, granted the City defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The pleadings, 50-h hearing testimony, photographs, and the Big Apple Map, viewed together, show that the City did not have written notice of the sidewalk condition which plaintiff alleges caused her to trip and fall (see Administrative Code of City of NY §7-201[c]; D’Onofrio v. City of New York, 11 NY3d 581, 585 [2008]; Roldan v. City of New York, 36 AD3d 484 [1st Dept 2007]). Plaintiff’s argument that the City is liable because it is required to maintain the sidewalk pursuant to Administrative Code §7-210, even if it did not have written notice of the defect, is unavailing (see Sondervan v. City of New York, 84 AD3d 625 [1st Dept 2011]).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›