OQUENDO v. CITY OF NEW YORK

24564/05, 2688, 2687.

146 A.D.3d 480 (2017)

2017 NY Slip Op 00111

46 N.Y.S.3d 524

ROSABEL OQUENDO, Appellant, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 10, 2017.


On January 27, 2005, plaintiff slipped and fell on snow and ice that was in Twin Park Upper School's schoolyard, which is located at 2055 Mapes Avenue, Bronx County. It is undisputed that when plaintiff served the notice of claim and the summons and compliant, she only named defendant as being responsible for her injuries. It is also undisputed that although defendant in its answer admitted that it owned the accident location, it denied that it controlled, maintained, or...

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