MOREL v. CITY OF NEW YORK


192 A.D.2d 428 (1993)

597 N.Y.S.2d 8

Carmen D. Morel, Plaintiff, v. City of New York et al., Defendants, Terminus Properties Co. et al., Respondents, and Cohen's Fashion Optical, Inc., et al., Appellants

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

April 22, 1993


While Cohen's maintains that an issue of fact exists as to where plaintiff fell, it is clear from the evidence that the site of plaintiff's trip and fall was on the sidewalk adjacent to Cohen's.

Summary judgment was appropriate as to Terminus' cross claim against Cohen's based upon the provisions of the lease agreement between the parties. The unambiguous lease, between the two sophisticated business entities, clearly provides...

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