Appellate Division of the Supreme Court of New York, 2005

Kligman v. City of New York

Kligman v. City of New York
Appellate Division of the Supreme Court of New York · Decided June 9, 2005
19 A.D.3d 168; 798 N.Y.S.2d 377; 2005 N.Y. App. Div. LEXIS 6133
Kligman v. City of New York

Opinion of the Court

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered April 30, 2004, which denied defendant Triumph’s motion for summary judgment, unanimously affirmed, without costs.

Defendant failed to come forward with sufficient evidence demonstrating it did not create the condition that allegedly caused plaintiff to fall and injure herself. Triumph did not present any records as to what work was performed near the accident site, when it was performed or which of Triumph’s employees performed it (Zuckerman v City of New York, 49 NY2d 557 [1980]). Concur-Mazzarelli, J.P., Andrias, Saxe, Marlow and Sullivan, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.