Appellate Division of the Supreme Court of New York, 2012

Cuebas v. City of Yonkers

Appellate Division of the Supreme Court of New York · Decided July 25, 2012

97 A.D.3d 779; 948 N.Y.2d 688

Cases that cite this one

19 later published cases cite this decision.

Diaz v. Brentwood Union Free School District (Appellate Division of the Supreme Court of New York 2016)
Masotto v. Village of Lindenhurst (Appellate Division of the Supreme Court of New York 2012)
Masotto v. Village of Lindenhurst (Appellate Division of the Supreme Court of New York 2012)
Marciano v. Village of Rockville Centre (Appellate Division of the Supreme Court of New York 2016)
Maya v. Town of Hempstead (Appellate Division of the Supreme Court of New York 2015)
Lopez-Calderone v. Lang-Viscogliosi (Appellate Division of the Supreme Court of New York 2015)
Palka v. Village of Ossining (Appellate Division of the Supreme Court of New York 2014)
Tallerico v. City of Peekskill (Appellate Division of the Supreme Court of New York 2014)
Tallerico v. City of Peekskill (Appellate Division of the Supreme Court of New York 2014)
Cagliostro v. McCarthy (Appellate Division of the Supreme Court of New York 2013)
Cagliostro v. McCarthy (Appellate Division of the Supreme Court of New York 2013)
Salierno v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2013)
Salierno v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2013)
Lindsay v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2013)
Lindsay v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2013)
Kudisch v. Grumpy Jack's, Inc. (Appellate Division of the Supreme Court of New York 2013)
Kudisch v. Grumpy Jack's, Inc. (Appellate Division of the Supreme Court of New York 2013)
Romano v. Village of Mamaroneck (Appellate Division of the Supreme Court of New York 2012)
Romano v. Village of Mamaroneck (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

*780The defendant demonstrated its prima facie entitlement to judgment as a matter of law since it demonstrated that it did not receive prior written notice of the icy condition complained of in the roadway where the injured plaintiff fell, as required by the Charter of the City of Yonkers § C24-11 (see Pena v City of Yonkers, 82 AD3d 728 [2011]), and that it did not create the dangerous condition through an affirmative act of negligence (cf. Braver v Village of Cedarhurst, 94 AD3d 933 [2012]).

In opposition, the plaintiffs failed to raise a triable issue of fact (see Amabile v City of Buffalo, 93 NY2d 471 [1999]; Lichtman v Village of Kiryas Joel, 90 AD3d 1001 [2011]). The injured plaintiffs affidavit, submitted in opposition, presented feigned issues of fact designed to avoid the consequences of her earlier testimony, taken pursuant to General Municipal Law § 50-h, and thus was insufficient to defeat the defendant’s motion (see Hunt v Meyers, 63 AD3d 685, 685-686 [2009]). Accordingly, the Supreme Court should have granted the defendant’s motion for summary judgment dismissing the complaint. Balkin, J.P., Hall, Lott and Cohen, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.