STOLZMAN v. CITY OF NEW YORK

2734, 112913/09.

146 A.D.3d 531 (2017)

2017 NY Slip Op 00247

43 N.Y.S.3d 903

ALISON STOLZMAN, Individually and as Administratrix of the Estate of HENRY STOLZMAN, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided January 12, 2017.


BHC and Akam, the owner and property manager of the premises that abutted a sidewalk where plaintiff Alison Stolzman tripped, established prima facie entitlement to summary judgement based on the testimony and photographic evidence indicating the alleged hazard was open and obvious and not inherently dangerous (see generally Boyd v New York City Hous. Auth., 105 A.D.3d 542 [1st Dept 2013]).

However, there remain triable issues...

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