Lazar v. Burger Heaven
Cases that cite this one
8 later published cases cite this decision.
- JORDAN-PARKER, SHARON v. CITY OF BUFFALO (Appellate Division of the Supreme Court of New York 2016)
- Ruiz v. 221-223 E. 28th St., LLC (Appellate Division of the Supreme Court of New York 2016)
- Barchi v. Rudin East 55th Street LLC (Appellate Division of the Supreme Court of New York 2016)
- Jordan-Parker v. City of Buffalo (Appellate Division of the Supreme Court of New York 2016)
- Jordan-Parker v. City of Buffalo (Appellate Division of the Supreme Court of New York 2016)
- Boyd v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2013)
- Villanti v. BJ's Wholesale Club, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Villanti v. BJ's Wholesale Club, Inc. (Appellate Division of the Supreme Court of New York 2013)
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
Defendants established their prima facie entitlement to judgment as a matter of law. Defendants submitted evidence showing that the chair was an open and obvious condition and not inherently dangerous (see Matthews v Vlad Restoration Ltd., 74 AD3d 692 [2010]; Schulman v Old Navy/Gap, Inc., 45 AD3d 475 [2007]). Defendants also demonstrated that the placement of the café’s chairs on the sidewalk was in compliance with 34 RCNY 2-10 (c) (1), which provides that “[e]ight feet or one-half the sidewalk width, whichever is greater, shall be maintained by the permittee for unobstructed pedestrian passage.”
In opposition, plaintiffs failed to raise a triable issue of fact. Indeed, plaintiff admitted to having previously observed the alleged condition and does not maintain that the condition was obscured (compare Centeno v Regine’s Originals, 5 AD3d 210 [2004]). Concur — Tom, J.E, Saxe, Moskowitz, DeGrasse and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.