From Casetext: Smarter Legal Research

Santulli v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 18, 2001
287 A.D.2d 352 (N.Y. App. Div. 2001)

Opinion

October 18, 2001.

Order, Supreme Court, New York County (Joan Madden, J.), entered on or about November 15, 2000, which, in an action for personal injuries sustained in a trip and fall on the sidewalk in front of a building owned by defendant-appellant, insofar as appealed from, denied appellant's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Michael O'Leary, for plaintiff-respondent.

Scott Shorr, for defendant-respondent.

Carol R. Finocchio Lawrence B. Goodman, for defendant-appellant.

Before: Wallach, J.P., Rubin, Buckley, Friedman, Marlow, JJ.


The sidewalk in question has circular patterns imbedded with expansion joints that, judging from the photographs in the record and in the absence of testimony on point, appear to be at least one inch in width. Plaintiff asserts that she fell when her two-inch high, and at most one-inch wide heel became caught in a one and a half-inch depression in the circular pattern that was created by missing joint filler, and which created a crevice that was deeper than the other parts of the crevice delineating the circle. We cannot say, as appellant urges, that the alleged depression was trivial as a matter of law, or that no issue of fact exists as to whether it was open and obvious (see, Gutierrez v. Riverbay Corp., 262 A.D.2d 64; Nin v. Bernard, 257 A.D.2d 417).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Santulli v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 18, 2001
287 A.D.2d 352 (N.Y. App. Div. 2001)
Case details for

Santulli v. City of New York

Case Details

Full title:THERESA SANTULLI, Plaintiff-Respondent, v. CITY OF NEW YORK…

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

Date published: Oct 18, 2001

Citations

287 A.D.2d 352 (N.Y. App. Div. 2001)
731 N.Y.S.2d 173

Citing Cases

Stachowski v. City of Yonkers

Contrary to the appellant's contention, the trial court properly denied its motion pursuant to CPLR 4404(a)…

Cohen v. Empire City Subway Co. (Limited)

On the evidence presented, this Court cannot say that the height differential was so insignificant as a…