Ortiz v City of New York

Ortiz v City of New York 2013 NY Slip Op 00993 Decided on February 14, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 14, 2013
Sweeny, J.P., Saxe, DeGrasse, Abdus-Salaam, Feinman, JJ.
9233 301607/10

[*1]Evangelina Ortiz, Plaintiff-Respondent,

v

The City of New York, Defendant, Juan R. Reinosa, et al., Defendants-Appellants.




Miranda Sambursky Slone Sklarin Verveniotis, LLP, Elmsford
(Michael D. Neri of counsel), for appellants.
Kagan & Gertel, Brooklyn (Irving Gertel of counsel), for
respondent.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered March 15, 2012, which, to the extent appealed from as limited by the briefs, denied the Reinosa defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Appellants failed to demonstrate as a matter of law that the alleged defect, at the location where plaintiff testified she tripped on a raised portion of the sidewalk, was trivial. The photographs provided by appellants in support of their motion are unclear in the record.

Based on plaintiff's testimony, it is also not clear whether or not she tripped on a portion of the sidewalk abutting appellants' property or on the pedestrian ramp, for which the City of New York is responsible (see Gary v 101 Owners Corp., 89
AD3d 627 [1st Dept 2011]).

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

ENTERED: FEBRUARY 14, 2013

CLERK