Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Gonzalez v. GWB 179 Realty LLC

Failure to Show State Didn't Create Defective Condition Dismisses Summary Judgment

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following e-filed documents, listed by NYSCEF document number (Motion 002) 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78 were read on this motion for JUDGMENT — SUMMARY. DECISION + ORDER ON MOTION Upon the foregoing documents, the City of New York’s motion for summary judgment dismissing plaintiff’s complaint is denied for the reasons set forth below.1 In this negligence action, plaintiff alleges that on February 29, 2020, she tripped and fell on a defective condition on the sidewalk abutting 657 West 179th Street, New York, New York (the “Property”), sustaining injuries (NYSCEF Doc. No. 51 [Compl. at 16]). Plaintiff asserts claims against defendants the City of New York (the “City”), GWB 179 Realty LLC (“GWB”), and AGCI Inc. (“AGCI”), alleging that these defendants caused and created the defect and failed to remedy same (Id. at

17, 35). On June 24, 2022, GWB interposed an answer admitting ownership of the Property (NYSCEF Doc. No. 30 [Answer at 3]). The City now moves, pursuant to CPLR §3212, for summary judgment dismissing this action and all crossclaims2 as against it on the grounds that it is exempt from liability under Administrative Code §7-210. In support of its motion, the City submits: (i) the affirmation of David Atik, an employee for the New York City Department of Finance (“DOF”), in which he attests that a review of the DOF’s Property Tax System database reveals that that the Property was not owned by the City on the date of plaintiff’s accident and that the Property is classified as an “office building” (NYSCEF Doc. No. 62 [Atik Affirm. at

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
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
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
ATTORNEY - NJ and NY

Wisniewski & Associates, LLC seeks attorney licensed in NJ and NY with 2-5 years experience for its multi-state real estate, land use, ...


Apply Now ›
Labor Relations Counsel

Labor Relations CounselUS-GA-AtlantaJob ID: 2024-0042Type: 4 (Exempt, Bargaining Unit 1 (EB)# of Openings: 1Category: Contract Administratio...


Apply Now ›
Assistant Federal Public Defenders (2 jobs)

ASSISTANT FEDERAL PUBLIC DEFENDERS Two posi...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
Go to Professional Announcements