Rengifo v. City of New York
Cases that cite this one
24 later published cases cite this decision.
- Westbrook v. Village of Endicott (Appellate Division of the Supreme Court of New York 2009)
- Pena v. Geisinger Community Med. Ctr. (Appellate Division of the Supreme Court of New York 2022)
- Catnap, LLC v. Cammeby's Mgt. Co., LLC (Appellate Division of the Supreme Court of New York 2019)
- L'Aquila Realty, LLC v. Jalyng Food Corp. (Appellate Division of the Supreme Court of New York 2013)
- L'Aquila Realty, LLC v. Jalyng Food Corp. (Appellate Division of the Supreme Court of New York 2013)
- Cotter v. Brookhaven Memorial Hospital Medical Center, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Cotter v. Brookhaven Memorial Hospital Medical Center, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Reyes v. Arco Wentworth Management Corp. (Appellate Division of the Supreme Court of New York 2011)
- Galil Importing Corp. v. Strauss, Ltd. (Appellate Division of the Supreme Court of New York 2009)
- Uddin v. City of New York (Appellate Division of the Supreme Court of New York 2008)
- Barrera v. MTA Long Island Bus (Appellate Division of the Supreme Court of New York 2008)
- McGovern v. St. Cyril & Methodius Roman Catholic Church (Appellate Division of the Supreme Court of New York 2008)
- Angelo Capobianco, Inc. v. Brentwood Union Free School District (Appellate Division of the Supreme Court of New York 2008)
- Miller v. Adamski (Appellate Division of the Supreme Court of New York 2008)
- David v. Bryon (Appellate Division of the Supreme Court of New York 2008)
- Those Certain Underwriters at Lloyds v. Gray (Appellate Division of the Supreme Court of New York 2007)
- Merchants Bank v. Gold Lane Corp. (Appellate Division of the Supreme Court of New York 2006)
- Lurie v. Brooklyn Union Gas Co. (Appellate Division of the Supreme Court of New York 2006)
- Adrianis v. Fox (Appellate Division of the Supreme Court of New York 2006)
- Branham v. Loews Orpheum Cinemas, Inc. (Appellate Division of the Supreme Court of New York 2006)
- National Loan Investors, L.P. v. Piscitello (Appellate Division of the Supreme Court of New York 2005)
- Conte v. Valley Stream Central High School District (Appellate Division of the Supreme Court of New York 2005)
- Afzal v. Board of Fire Commissioners of Bellmore Fire District (Appellate Division of the Supreme Court of New York 2005)
- Rupp v. City of Port Jervis (Appellate Division of the Supreme Court of New York 2004)
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
In an action to recover damages for personal injuries, the defendant Shareen Realty Corp. appeals from an order of the Supreme Court, Queens County (Flug, J.), dated March 11, 2003, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
Contrary to the contentions of the defendant Shareen Realty Corp. (hereinafter Shareen), it did not establish a prima facie case for summary judgment dismissing the complaint. Shareen failed to submit sufficient evidence in admissible form demonstrating the absence of any triable issues of fact concerning the nature and location of the alleged sidewalk defect (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]; Zuckerman v City of New York, 49 NY2d 557 [1980]). Moreover, to meet its prima facie burden, Shareen could not rely on the evidence submitted for the first time in its reply papers (see Adler v Suffolk County Water Auth., 306 AD2d 229 [2003]; Constantine v Premier Cab Corp., 295 AD2d 303 [2002]; Feratovic v Lun Wah, Inc., 284 AD2d 368 [2001]; Voytek Tech. v Rapid Access Consulting, 279 AD2d 470 [2001]). In any event, granting Shareen’s motion for summary judgment dismissing the complaint would have been premature since discovery was outstanding at the time the motion was made (see CPLR 3212 [f]; Lantigua v Mallick, 263 AD2d 467 [1999]; Brown v County of Nassau, 226 AD2d 492 [1996]; Yu v Forero, 184 AD2d 506 [1992]). Florio, J.P., Krausman, Cozier and Rivera, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.