Stein v. City of New York, 2017 NY Slip Op 2131 (N.Y. App. Div. 2017). · Go Syfert
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Stein v. City of New York, 2017 NY Slip Op 2131 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Robert B. Jetter, M.D., PLLC v. 737 Park Ave. Acquisition LLC (nyappdiv, 2018-06-07)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Robert B. Jetter, M.D., PLLC v. 737 Park Ave. Acquisition LLC
N.Y. App. Div. · 2018 · confidence medium
He may raise this argument for the first time on appeal ( see generally Carlyle CIM Agent, L.L.C. v Trey Resources I, LLC , 148 AD3d 562, 565 [1st Dept 2017]).
discussed Cited as authority (rule) Cummins v. Lune
N.Y. App. Div. · 2017 · confidence medium
Ordered that the order is modified, on the law, without costs, by reversing so much thereof as denied that part of plaintiff’s motion seeking an award of temporary child support, temporary maintenance and counsel fees; motion granted to that extent, plaintiff is awarded $3,500 in counsel fees and matter remitted *1262 to the Supreme Court for further proceedings not inconsistent with this Court’s decision; and, as so modified, affirmed. * Although the wife improperly raised this issue for the first time in her reply papers (see Oglesby v Barragan, 135 AD3d 1215, 1216 [2016]), because it pr…
Retrieving the full opinion text from the archive…
Eileen Stein, Appellant,
v.
City of New York, Respondent, Et Al., Defendants
2825 104943/11.
Appellate Division of the Supreme Court of the State of New York.
Mar 23, 2017.
2017 NY Slip Op 2131
Friedman, Renwick, Richter, Moskowitz, Kapnick.
Published

Order, Supreme Court, New York County (Frank P. Ñervo, J.), entered February 20, 2015, which granted the motion of defendant City of New York for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

The City established its entitlement to judgment as a matter of law in this action where plaintiff alleges that she was injured when, while crossing the street within the crosswalk, she tripped and fell in a pothole. The City submitted evidence showing that it neither created nor had written notice of the defective condition that caused plaintiff to fall (Administrative Code of City of NY § 7-201 [c]; see e.g. Rosenblum v City of New York, 89 AD3d 439 [1st Dept 2011]).

In opposition, plaintiff failed to raise a triable issue of fact. Plaintiff offers only speculation that further discovery may yield evidence that raises a triable issue (see e.g. First City Natl. Bank & Trust Co. v Heaton, 165 AD2d 710, 712 [1st Dept 1990]).

Concur — Friedman, J.P., Renwick, Richter, Moskowitz and Kapnick, JJ.