Pena v. City of Yonkers
Cases that cite this one
2 later published cases cite this decision.
- Cuebas v. City of Yonkers (Appellate Division of the Supreme Court of New York 2012)
- Cuebas v. City of Yonkers (Appellate Division of the Supreme Court of New York 2012)
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
The infant plaintiff allegedly was injured when her right foot came into contact with a piece of metal protruding from the grassy area of a public sidewalk.
The defendant, City of Yonkers, established its prima facie entitlement to judgment as a matter of law by submitting evidence sufficient to demonstrate that it did not have prior written notice of the alleged defect (see Charter of City of Yonkers § C24-11; Lawler v City of Yonkers, 45 AD3d 813 [2007]; Rochford v City of Yonkers, 12 AD3d 433 [2004]). In opposition, the plaintiffs failed to raise a triable issue of fact because they offered only speculation that the defendant created the alleged defect (see Patti v Town of N. Hempstead, 23 AD3d 362 [2005]; Regan v City of New York, 8 AD3d 462 [2004]). Accordingly, the Supreme Court should have granted the defendant’s motion for
Case-law data current through December 31, 2025. Source: CourtListener bulk data.