Soussi v. Gobin, 87 A.D.3d 580 (N.Y. App. Div. 2011). · Go Syfert
Soussi v. Gobin, 87 A.D.3d 580 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 2 distinct courts.
Strongest positive: Icdia Corp. v. Visaggi (nyappdiv, 2016-01-20)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Icdia Corp. v. Visaggi
N.Y. App. Div. · 2016 · confidence medium
Contrary to the Supreme Court’s determination, Poli did not unequivocally testify at his deposition that the plaintiff last performed any work at the premises in 2008, and thus, his affidavit averring that the plaintiff last performed work in 2010 did not so evidently contradict his deposition testimony that it could be said to “clearly” raise a feigned issue of fact (Glick & Dolleck v Tri-Pac Export Corp., 22 NY2d 439, 441 [1968]; cf. Sunshine Care Corp. v Warrick, 100 AD3d 981, 983 [2012]; Soussi v Gobin, 87 AD3d 580, 581 [2011]; Nieves v ISS Cleaning Servs.
discussed Cited as authority (rule) Werner v. City of New York
N.Y. App. Div. · 2016 · confidence medium
He demonstrated that he was exempt from liability pursuant to Administrative *741 Code of the City of New York § 7-210 (b) for his alleged failure to maintain the sidewalk abutting his property by establishing that the subject property was an owner-occupied three-family residence (see Moreno v Shanker, 93 AD3d 829, 829-830 [2012]; Soussi v Gobin, 87 AD3d 580, 581 [2011]; Coogan v City of New York, 73 AD3d 613 [2010]).
discussed Cited as authority (rule) Shneider v. City of New York (2×) also: Cited "see"
N.Y. App. Div. · 2015 · confidence medium
They demonstrated that they were exempt from liability pursuant to Administrative Code of the City of New York § 7-210 (b) for their alleged failure to maintain the sidewalk abutting their property by establishing that the subject property was a single-family residence, that it was owner occupied, and that it was used solely for residential purposes (see Administrative Code of City of NY § 7-210 [b]; Saunders v Tarsia, 124 AD3d 620 [2015]; Lai-Hor Ng Yiu v Crevatas, 103 AD3d 691 [2013]; Velez v City of New York, 97 AD3d 813, 814 [2012]; Soussi v Gobin, 87 AD3d 580, 581 [2011]).
discussed Cited as authority (rule) Jackson v. Conrad (2×)
N.Y. App. Div. · 2015 · confidence medium
The owners also made a prima facie showing that the so-called “independent contractor rule” applied (see Soussi v Gobin, 87 AD3d 580, 581 [2011]; Campbell v HEI Hospitality, LLC, 72 AD3d 860, 861 [2010]).
cited Cited as authority (rule) Smalls v. Adams
N.Y. App. Div. · 2014 · confidence medium
This evidence is insufficient to defeat Thomas’s motion for summary judgment (see Soussi v Gobin, 87 AD3d 580, 581-582 [2011]; Rotuba Extruders v Ceppos, 46 NY2d at 231 ).
cited Cited as authority (rule) Smalls v. Adams
N.Y. App. Div. · 2014 · confidence medium
This evidence is insufficient to defeat Thomas’s motion for summary judgment (see Soussi v Gobin, 87 AD3d 580, 581-582 [2011]; Rotuba Extruders v Ceppos, 46 NY2d at 231 ).
discussed Cited as authority (rule) Miller v. Infohighway Communications Corp.
N.Y. App. Div. · 2014 · confidence medium
Socy. of U.S., 79 NY2d 663, 668 [1992]; Soussi v Gobin, 87 AD3d 580, 581 [2011]; Steel v City of New York, 271 AD2d 435, 436 [2000]; Davies v Contel of N.Y., 187 AD2d 898, 900 [1992]; see also Liberty Mut.
discussed Cited as authority (rule) Miller v. Infohighway Communications Corp.
N.Y. App. Div. · 2014 · confidence medium
Socy. of U.S., 79 NY2d 663, 668 [1992]; Soussi v Gobin, 87 AD3d 580, 581 [2011]; Steel v City of New York, 271 AD2d 435, 436 [2000]; Davies v Contel of N.Y., 187 AD2d 898, 900 [1992]; see also Liberty Mut.
cited Cited as authority (rule) Meyer v. City of New York
N.Y. App. Div. · 2014 · confidence medium
Condominium, 96 AD3d 703 , 703-704 [2012]; Moreno v Shanker, 93 AD3d 829, 829-830 [2012]; Soussi v Gobin, 87 AD3d 580, 580-581 [2011]).
cited Cited as authority (rule) Meyer v. City of New York
N.Y. App. Div. · 2014 · confidence medium
Condominium, 96 AD3d 703 , 703-704 [2012]; Moreno v Shanker, 93 AD3d 829, 829-830 [2012]; Soussi v Gobin, 87 AD3d 580, 580-581 [2011]).
discussed Cited as authority (rule) Bouton v. City of Newburgh
N.Y. App. Div. · 2014 · confidence medium
The movants submitted evidentiary proof, including a transcript of the testimony given by the plaintiff at a hearing held pursuant to General Municipal Law § 50-h, a transcript of the plaintiffs deposition testimony, and photographs of the accident site, that established that the condition which caused the subject accident was open and obvious, and not inherently dangerous (see Soussi v Gobin, 87 AD3d 580, 580-581 [2011]; Capasso v Village of Goshen, 84 AD3d 998 [2011]; Orlando v Audax Constr.
discussed Cited as authority (rule) Bouton v. City of Newburgh
N.Y. App. Div. · 2014 · confidence medium
The movants submitted evidentiary proof, including a transcript of the testimony given by the plaintiff at a hearing held pursuant to General Municipal Law § 50-h, a transcript of the plaintiffs deposition testimony, and photographs of the accident site, that established that the condition which caused the subject accident was open and obvious, and not inherently dangerous (see Soussi v Gobin, 87 AD3d 580, 580-581 [2011]; Capasso v Village of Goshen, 84 AD3d 998 [2011]; Orlando v Audax Constr.
discussed Cited as authority (rule) Sunshine Care Corp. v. Warrick
N.Y. App. Div. · 2012 · confidence medium
However, these claims are contrary to her prior deposition testimony, and we reject them as an attempt to create feigned issues of fact designed to avoid the consequences of the earlier testimony (see generally Soussi v Gobin, 87 AD3d 580, 581-582 [2011]; Vela v Tower Ins.
discussed Cited as authority (rule) Sunshine Care Corp. v. Warrick
N.Y. App. Div. · 2012 · confidence medium
However, these claims are contrary to her prior deposition testimony, and we reject them as an attempt to create feigned issues of fact designed to avoid the consequences of the earlier testimony (see generally Soussi v Gobin, 87 AD3d 580, 581-582 [2011]; Vela v Tower Ins.
discussed Cited as authority (rule) Velez v. City of New York
N.Y. App. Div. · 2012 · confidence medium
The defendant 431 established its prima facie entitlement to judgment as a matter of law by demonstrating through the affidavit and deposition testimony of one of its officers that the subject property was a three-family owner-occupied building used exclusively for residential purposes and, therefore, was exempt from the liability imposed pursuant to Administrative Code of the City of New York § 7-210 (b) (see Administrative Code of City of NY § 7-210 [b]; Moreno v Shanker, 93 AD3d 829, 829-830 [2012]; Soussi v Gobin, 87 AD3d 580, 581 [2011]).
discussed Cited as authority (rule) Velez v. City of New York
N.Y. App. Div. · 2012 · confidence medium
The defendant 431 established its prima facie entitlement to judgment as a matter of law by demonstrating through the affidavit and deposition testimony of one of its officers that the subject property was a three-family owner-occupied building used exclusively for residential purposes and, therefore, was exempt from the liability imposed pursuant to Administrative Code of the City of New York § 7-210 (b) (see Administrative Code of City of NY § 7-210 [b]; Moreno v Shanker, 93 AD3d 829, 829-830 [2012]; Soussi v Gobin, 87 AD3d 580, 581 [2011]).
discussed Cited as authority (rule) Boorstein v. 1261 48th Street Condominium
N.Y. App. Div. · 2012 · confidence medium
The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that the subject property was a three-family residence, that it was partially owner-occupied, and that it was used solely for resi dential purposes (see Administrative Code of City of NY § 7-210 [b]), thus exempting it from liability pursuant to Administrative Code of the City of New York § 7-210 (b) for the alleged failure to maintain the sidewalk abutting its property (see Soussi v Gobin, 87 AD3d 580, 581 [2011]; Schwartz v City of New York, 74 AD3d 945, 946 [2010]; cf. Gordy v City of New…
discussed Cited as authority (rule) Boorstein v. 1261 48th Street Condominium
N.Y. App. Div. · 2012 · confidence medium
The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that the subject property was a three-family residence, that it was partially owner-occupied, and that it was used solely for resi dential purposes (see Administrative Code of City of NY § 7-210 [b]), thus exempting it from liability pursuant to Administrative Code of the City of New York § 7-210 (b) for the alleged failure to maintain the sidewalk abutting its property (see Soussi v Gobin, 87 AD3d 580, 581 [2011]; Schwartz v City of New York, 74 AD3d 945, 946 [2010]; cf. Gordy v City of New…
Retrieving the full opinion text from the archive…
Nabila Soussi
v.
Christopher Gobin
Appellate Division of the Supreme Court of the State of New York.
Aug 9, 2011.
87 A.D.3d 580
Cited by 21 opinions  |  Published

On October 14, 2006, the plaintiff was a tenant in a two-family residence owned by the defendant Christopher Gobin. That morning, the defendant Plaza Contracting Corporation (hereinafter Plaza), a contractor hired by Gobin, was in the process of replacing the sidewalk in front of the premises. Plaza’s work had progressed to the point that the existing sidewalk had been removed, the earth beneath the sidewalk had been leveled, a wire mesh grid had been placed on top of the earth, and concrete had been poured for a portion of the new sidewalk. At about 10:30 a.m., the plaintiff left her apartment and, despite[*581] her observations of the work in progress, attempted to walk across the excavated area where the mesh grid was still exposed. The plaintiff alleges that the heel of one of her boots became stuck in the grid, causing her to fall and sustain injuries. After depositions had been conducted, the defendants separately moved for summary judgment dismissing the complaint insofar as asserted against each of them. The Supreme Court granted the defendants’ motions for summary judgment, and adhered to its determination on reargument.

In support of his motion for summary judgment, Gobin made a prima facie showing that he was exempt from the statutory liability imposed by section 7-210 (b) of the Administrative Code of the City of New York for the failure to maintain the sidewalk in a reasonably safe condition because his property was an owner-occupied two-family residence (see Gilmartin v City of New York, 81 AD3d 411, 412 [2011]; Schwartz v City of New York, 74 AD3d 945, 946 [2010]). Gobin also made a prima facie showing that he could not be held liable for the plaintiffs accident under common-law principles by submitting evidentiary proof that the condition which caused the accident was created by an independent contractor hired to replace the sidewalk (see Kleeman v Rheingold, 81 NY2d 270, 273 [1993]; Fernandez v 707, Inc., 85 AD3d 539 [2011]; Posa v Copiague Pub. School Dist., 84 AD3d 770 [2011]; Sanchez v 1710 Broadway, Inc., 79 AD3d 845, 846 [2010]). In opposition, the plaintiff failed to raise an issue of fact as to either Gobin’s exemption from statutory liability, or the existence of any recognized exception to the independent contractor rule (see Rosenberg v Equitable Life Assur. Socy. of U.S., 79 NY2d 663, 668 [1992]; Sanchez v 1710 Broadway, Inc., 79 AD3d at 847).

Plaza also made a prima facie showing of its entitlement to judgment as a matter of law by submitting evidentiary proof, including the plaintiffs deposition testimony and photographs of the accident site, that established that the temporary condition which caused the accident was open and obvious, and not inherently dangerous (see Capasso v Village of Goshen, 84 AD3d 998 [2011]; McGrath v Oyster Bay Visiting Nurse Assn., Inc., 84 AD3d 894 [2011]; Dinallo v DAL Elec., 43 AD3d 981, 982 [2007]; Fernandez v Edlund, 31 AD3d 601, 602 [2006]; Sun Ho Chung v Jeong Sook Joh, 29 AD3d 677, 678 [2006]; Orlando v Audax Constr. Corp., 14 AD3d 500, 501 [2005]; Greenstein v Realife Land Improvement, Inc., 13 AD3d 338, 339 [2004]). In opposition, the plaintiff failed to raise a triable issue of fact. The plaintiffs affidavit, in which she contradicted her deposition testimony by claiming that the mesh grid appeared to be flush[*582] with the excavated surface, was an attempt to raise a feigned issue of fact as to whether the condition was open and obvious and, thus, insufficient to defeat summary judgment (see Freiser v Stop & Shop Supermarket Co., LLC, 84 AD3d 1307 [2011]; Capasso v Capasso, 84 AD3d 997 [2011]; Russ v Fried, 73 AD3d 1153, 1154 [2010]; Sherman-Schiffman v Costco Wholesale, Inc., 63 AD3d 1031 [2009]).

Accordingly, the Supreme Court properly granted the separate motions of Gobin and Plaza for summary judgment and, upon reargument, properly adhered to that determination. Dillon, J.P, Eng, Sgroi and Miller, JJ., concur.