Arcabascio v. City of New York
Cases that cite this one
6 later published cases cite this decision.
- Chirco v. City of Long Beach (Appellate Division of the Supreme Court of New York 2013)
- Chirco v. City of Long Beach (Appellate Division of the Supreme Court of New York 2013)
- Donnellan v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Donnellan v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Martens v. County of Suffolk (Appellate Division of the Supreme Court of New York 2012)
- Martens v. County of Suffolk (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 plaintiff Francesca Arcabascio (hereinafter Arcabascio) allegedly tripped and fell over a defective section of the boardwalk of South Beach in Staten Island on July 9, 2006. The area where she fell was approximately 16 feet away from a light pole numbered 93. Arcabascio and her husband, suing derivatively, commenced this action against the City of New York to recover damages for Arcabascio’s alleged personal injuries and on her husband’s derivative claim.
The City moved, inter alia, for summary judgment dismissing the complaint on the basis that section 7-201 (c) of the Administrative Code of the City of New York barred this action because there was no prior written notice of the alleged defective condition. The Supreme Court granted that branch of the motion. The plaintiffs appeal, and we affirm.
In response to the City establishing its prima facie entitlement to judgment as a matter of law (see Administrative Code of City of NY § 7-201 [c]), the plaintiffs failed to raise a triable issue of fact. Contrary to the plaintiffs’ contentions, the City’s
Accordingly, the Supreme Court properly granted that branch of the City’s motion which was for summary judgment dismissing the complaint. Angiolillo, J.E, Lott, Austin and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.