Appellate Division of the Supreme Court of New York, 2007

Roldan v. City of New York

Appellate Division of the Supreme Court of New York · Decided January 16, 2007

36 A.D.3d 484; 831 N.Y.S.2d 110

Cases that cite this one

24 later published cases cite this decision.

Foley v. City of New York (Appellate Division of the Supreme Court of New York 2017)
D'Onofrio v. City of New York (Appellate Division of the Supreme Court of New York 2007)
Quinn v. City of New York (2d Cir. 2026)
Suarez v. City of New York (Appellate Division of the Supreme Court of New York 2025)
Dixon v. Afternoon Delight Fifth Ave. Assoc., LLC (Appellate Division of the Supreme Court of New York 2024)
Gutierrez v. City of New York (Appellate Division of the Supreme Court of New York 2023)
Civic v. City of New York (Appellate Division of the Supreme Court of New York 2023)
Schaum v. City of New York (Appellate Division of the Supreme Court of New York 2023)
Fisch v. City of New York (Appellate Division of the Supreme Court of New York 2021)
De Zapata v. City of New York (Appellate Division of the Supreme Court of New York 2019)
Kalsmith v. City of New York (Appellate Division of the Supreme Court of New York 2018)
Worthman v. City of New York (Appellate Division of the Supreme Court of New York 2017)
Rodriguez v. City of New York (Appellate Division of the Supreme Court of New York 2017)
Stoller v. City of New York (Appellate Division of the Supreme Court of New York 2015)
Wittorf v. City of New York (Appellate Division of the Supreme Court of New York 2013)
Wittorf v. City of New York (Appellate Division of the Supreme Court of New York 2013)
Vega v. 103 Thayer Street, LLC (Appellate Division of the Supreme Court of New York 2013)
Vega v. 103 Thayer Street, LLC (Appellate Division of the Supreme Court of New York 2013)
Boniello v. City of New York (Appellate Division of the Supreme Court of New York 2013)
Boniello v. City of New York (Appellate Division of the Supreme Court of New York 2013)
Daniels v. City of New York (Appellate Division of the Supreme Court of New York 2012)
Reyes v. City of New York (Appellate Division of the Supreme Court of New York 2009)
Ortiz v. City of New York (Appellate Division of the Supreme Court of New York 2009)
Espinosa v. JMG Realty Corp. (Appellate Division of the Supreme Court of New York 2008)

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, New York County (Doris Ling-Cohan, J.), entered July 22, 2005, denying defendant’s motion for summary judgment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Plaintiff claims that she tripped and fell as a result of a round hole in the sidewalk. The last Big Apple map received by defendant City of New York prior to the accident noted that the sidewalk in the area in question was cracked or raised, or both. There is no mention of a hole. The awareness of one defect in the area is insufficient to constitute notice of a different particular defect which caused the accident (see Waner v City of New York, 5 AD3d 288 [2004]). The round hole described by the plaintiff to be 12 inches in diameter could not be considered as encompassed within notice of a cracked sidewalk. Finally, there is no evidence in admissible form to rebut the City’s proof that it did not create the complained-of defect. Concur — Mazzarelli, J.E, Friedman, Nardelli, Gonzalez and Catterson, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.