Germain v. City of New York
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Lane, J), dated March 31, 2008, which granted those branches of the defendants’ separate motions pursuant to CFLR 4404 (a) which were to set aside a jury verdict in favor of the plaintiff on the issue of liability and for judgment as a matter of law dismissing the complaint.
Ordered that the order is affirmed, with one bill of costs.
Contrary to the plaintiff’s contention, the Supreme Court properly granted those branches of the separate motions of the defendants City of New York and Carol Radin pursuant to CFLR 4404 (a) which were to set aside the verdict in favor of the plaintiff on the issue of liability and for judgment as a matter of law dismissing the complaint. To grant a motion pursuant to
Moreover, the plaintiff failed to establish that the defendant Carol Radin was subject to liability under the relevant provision of the Administrative Code of the City of New York. In this regard, we note that the alleged accident did not occur on a “sidewalk” for purposes of Administrative Code of the City of New York § 7-210 (see Administrative Code of City of N.Y. § 19-101 [d]), which imposes tort liability on certain property owners who fail to maintain city-owned sidewalks in a reasonably safe condition (see Vucetovic v Epsom Downs, Inc., 10 NY3d 517, 521-522 [2008]; Smirnova v City of New York, 64 AD3d 641 [2009]).
The parties’ remaining contentions either are without merit or have been rendered academic in light of our determination. Rivera, J.P., Florio, Miller and Austin, JJ., concur. [See 2008 NY Slip Op 31002(11).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.