Cardona v. City of New York
Cases that cite this one
4 later published cases cite this decision.
- Gonzalez v. Trustees of Columbia Univ. in the City of N.Y. (New York Supreme Court, New York County 2024)
- Bolanos v. City of New York (Appellate Division of the Supreme Court of New York 2006)
- Rochford v. City of Yonkers (Appellate Division of the Supreme Court of New York 2004)
- LoCurto v. City of New York (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about December 5, 2001, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
In light of defendant City’s showing that it was not notified of the complained-of street defect pursuant to Administrative Code of the City of New York § 7-201 (c) (2), the burden shifted to plaintiffs to raise a triable issue as to whether defendant affirmatively caused or created the defect (see Bruni v City of New York, 302 AD2d 545, 546 [2003]; Cuffey v City of New York, 255 AD2d 203 [1998]). Even if it is assumed that defendant dug the trench from which certain pavement cracks seem to originate, plaintiffs’ proof does not permit a reasonably reliable inference that the defect was a consequence of defendant’s allegedly negligent work (see Carbo v City of New York, 275 AD2d 439 [2000]), rather than “normal” pavement deterioration over time (see Zizzo v City of New York, 176 AD2d 722, 723 [1991]). Concur — Buckley, P.J., Tom, Ellerin, Lerner and Friedman, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.