Campbell v. City of New York

Full title: ROBERT CAMPBELL et al., Appellants, v. CITY OF NEW YORK, Respondent, et…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 12, 1999

260 A.D.2d 419 (N.Y. App. Div. 1999)

686 N.Y.S.2d 331

Opinion

April 12, 1999

Appeal from the Supreme Court, Kings County (R. Goldberg, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant City of New York established its entitlement to judgment as a matter of law on the ground, inter alia, that the alleged defective condition of the sidewalk did not constitute a proximate cause of the accident (see, Schmidt v. City of New York, 33 A.D.2d 1041, affd 28 N.Y.2d 944). The injured plaintiff's testimony at his examination before trial that the alleged cracks in the sidewalk "could have helped" create the dangerous condition, was pure speculation. Accordingly, summary judgment was properly granted to the City.

O'Brien, J. P., Joy, Krausman and Goldstein, JJ., concur.