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TEWARI v. CITY OF NEW YORK

249 A.D.2d 175 (1998)

671 N.Y.S.2d 256

Mohani Tewari, Appellant, v. City of New York, Respondent, et al., Defendants

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

April 23, 1998

The trial court properly granted defendant City's motion, made at the conclusion of plaintiff's opening statement, to dismiss the complaint as against it, since, even as amplified by plaintiff's submissions, the opening statement failed to establish a prima facie case of negligence. While the City owes a duty to maintain its parks in reasonably safe condition, which duty encompasses not only physical care of the property, but also...

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