Cruzado v. City of New York
Cases that cite this one
10 later published cases cite this decision.
- Lik v. City of New York (New York Supreme Court, New York County 2024)
- Castro v. 243 E. 138th St., LLC (Appellate Division of the Supreme Court of New York 2021)
- Castro v. 243 E. 138th St., LLC (Appellate Division of the Supreme Court of New York 2021)
- Webster v. City Of New York (District Court, S.D. New York 2021)
- 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)
- MATTIOLI, ROMANA v. TOWN OF GREECE (Appellate Division of the Supreme Court of New York 2012)
- Mattioli v. Town of Greece (Appellate Division of the Supreme Court of New York 2012)
- Mattioli v. Town of Greece (Appellate Division of the Supreme Court of New York 2012)
- Puello v. City of New York (Appellate Division of the Supreme Court of New York 2011)
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 (Larry S. Schachner, J), entered July 6, 2010, which granted defendants’ motion for summary judgment dismissing the complaint, and denied plaintiffs’ cross motion to amend the complaint, unanimously reversed, on the law, without costs, the cross motion for leave to
The infant plaintiff was injured when his roller blades allegedly made contact with a steel beam separating bricks from asphalt pavement at a park entranceway. Plaintiffs moved for leave to amend the complaint so as to allege that the City had received prior written notice of the dangerous and defective condition (see Administrative Code of City of NY § 7-201 [c] [2]), in the form of a Big Apple map. The motion should have been granted (see CPLR 3025 [b]; Reyes v City of New York, 63 AD3d 615, 616 [2009], lv denied 13 NY3d 710 [2009]). Defendants argue, that prior written notice was a new theory of liability not alleged in the notice of claim. However, plaintiff’s notice of claim, their original complaint, and their bill of particulars consistently alleged actual notice. The notice of claim was timely served, and the General Municipal Law § 50-i statute of limitations did not bar an amendment to the complaint (see Runyan v Board ofEduc., 121 AD2d 708, 709 [1986]). Furthermore, there is no evidence that defendants would be prejudiced by the amendment.
The markings on the Big Apple map were sufficient to raise an issue of fact as to whether the City had prior written notice of the particular defect (see Reyes v City of New York, 63 AD3d at 616). Concur — Gonzalez, P.J., Sweeny, Acosta, Freedman and Abdus-Salaam, JJ;
Case-law data current through December 31, 2025. Source: CourtListener bulk data.