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Crane v. Bombay

Supreme Court, Appellate Division, First Department, New York.
Mar 26, 2013
104 A.D.3d 575 (N.Y. App. Div. 2013)

Opinion

2013-03-26

Elaine CRANE, et al., Plaintiffs–Respondents, v. Salaam BOMBAY, Defendant–Appellant.

Lewis, Brisbois, Bisgaard & Smith, LLP, New York (Nicholas Hurzeler of counsel), for appellant. Jacob Fuchsberg Law Firm, New York (Edward J. Hynes of counsel), for respondents.



Lewis, Brisbois, Bisgaard & Smith, LLP, New York (Nicholas Hurzeler of counsel), for appellant.Jacob Fuchsberg Law Firm, New York (Edward J. Hynes of counsel), for respondents.
, P.J., SWEENY, RENWICK, MANZANET–DANIELS, ROMÁN, JJ.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered October 2, 2012, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant restaurant failed to establish its entitlement to judgment as a matter of law in this action where plaintiff Elaine Crane alleges that she was injured when she tripped and fell over a bicycle that was chained to scaffolding on the sidewalk near the restaurant. Defendant failed to show that it did not own or use the bicycle over which plaintiff fell. Defendant's manager testified that the restaurant employed three delivery people, one who used a moped, and another who parked his bicycle around the corner. Defendant, however, did not produce evidence concerning where the third delivery person parked his bicycle or whether that person was working on the day of the accident. Furthermore, the record shows that the manager had no first-hand knowledge of where the bicycles were parked that day ( see JMD Holding Corp. v. Congress Fin. Corp., 4 N.Y.3d 373, 384–385, 795 N.Y.S.2d 502, 828 N.E.2d 604 [2005] ).


Summaries of

Crane v. Bombay

Supreme Court, Appellate Division, First Department, New York.
Mar 26, 2013
104 A.D.3d 575 (N.Y. App. Div. 2013)
Case details for

Crane v. Bombay

Case Details

Full title:Elaine CRANE, et al., Plaintiffs–Respondents, v. Salaam BOMBAY…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Mar 26, 2013

Citations

104 A.D.3d 575 (N.Y. App. Div. 2013)
961 N.Y.S.2d 423
2013 N.Y. Slip Op. 2003

Citing Cases

Crane v. 315 Greenwich St., LLC

Plaintiff alleges that Salaam owned the bicycle and allowed the bicycle to be negligently parked outside its…