Disla v. City of New York, 65 A.D.3d 949 (N.Y. App. Div. 2009). · Go Syfert
Disla v. City of New York, 65 A.D.3d 949 (N.Y. App. Div. 2009). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 2 distinct courts.
Strongest positive: Rodriguez v. 705-7 East 179th Street Housing Development Fund Corp. (nyappdiv, 2010-12-14)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Rodriguez v. 705-7 East 179th Street Housing Development Fund Corp.
N.Y. App. Div. · 2010 · confidence medium
Nor is there any nonspeculative basis to conclude that defendant’s snow removal activities may have caused or exacerbated the alleged hazards given that it last snowed a minimum of four or five days earlier and there was no hazardous condition on the evening before the accident (see Disla v City of New York, 65 AD3d 949, 949 [2009]; Killeen, 35 AD3d at 205 ; Manning, 33 AD3d at 427 ).
cited Cited "see, e.g." Jenkins v. Rising Development-BPS, LLC
N.Y. App. Div. · 2013 · signal: see also · confidence low
Realty Corp., 95 AD3d 463 [1st Dept 2012]; see also Disla v City of New York, 65 AD3d 949 [1st Dept 2009]).
cited Cited "see, e.g." Jenkins v. Rising Development-BPS, LLC
N.Y. App. Div. · 2013 · signal: see also · confidence low
Realty Corp., 95 AD3d 463 [1st Dept 2012]; see also Disla v City of New York, 65 AD3d 949 [1st Dept 2009]).
Retrieving the full opinion text from the archive…
Martin Disla
v.
City of New York, and LS Cabrini Associates LLC
Appellate Division of the Supreme Court of the State of New York.
Sep 24, 2009.
65 A.D.3d 949
Cited by 12 opinions  |  Published

Order, Supreme Court, New York County (Karen S. Smith, J.), entered September 29, 2008, which, in an action for personal injuries, granted defendant-respondent’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff alleges that he was injured when, while walking on the sidewalk adjacent to respondent’s building, his right foot slipped on a patch of ice and he was caused to fall when his foot became caught on a crack in the sidewalk. In opposition to respondent’s prima facie showing that it lacked notice of the alleged icy condition, plaintiff failed to raise a triable issue of fact (see Espinell v Dickson, 57 AD3d 252, 253 [2008]). There is no evidence as to whether the ice upon which plaintiff slipped resulted from a snow accumulation two days earlier or was the later product of a thaw/freeze cycle reflected in the meteorological data, and plaintiffs contention that defendant had notice of the ice condition or that it was the result of improper snow removal is speculative (see Simmons v Metropolitan Life Ins. Co., 84 NY2d 972, 973-974 [1994]; Lenti v Initial Cleaning Servs., Inc., 52 AD3d 288, 289 [2008]). Furthermore, plaintiffs affidavit is insufficient to defeat respondent’s motion, as it contradicts his deposition testimony and denotes an attempt to avoid the consequences of his earlier testimony (see Phillips v Bronx Lebanon Hosp., 268 AD2d 318, 320 [2000]).

Respondent also established that the cracked condition of the sidewalk was, as demonstrated by its expert, too trivial to be actionable (see Trincere v County of Suffolk, 90 NY2d 976 [1997]), and plaintiff failed to raise a triable issue of fact where his expert rendered an opinion with respect to the wrong area of the sidewalk. Concur—Tom, J.P., Sweeny, McGuire, DeGrasse and Freedman, JJ.