Rivera v. City of New York

1 Citing case

  1. Minqing Jin v. Cheung's Holding Corp.

    2024 N.Y. Slip Op. 4957 (N.Y. App. Div. 2024)

    Here, in support of its motion, CHC failed to submit evidence sufficient to establish its prima facie entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). CHC failed to establish that the plaintiff tripped over the remnant of a City parking sign and that it had no duty to maintain the subject section of the sidewalk pursuant to section 7-210 of the Administrative Code (see generally Rivera v City of New York, 192 A.D.3d 932, 933; Harakidas v City of New York, 86 A.D.3d 624, 627-628). Since CHC failed to meet its initial burden as the movant, it is not necessary to review the sufficiency of the plaintiff's opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d at 853).