SEARCH

Gonzalez v. GWB 179 Realty LLC

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

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

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

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

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...

Apply Now ›

Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...

Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...

Apply Now ›