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RODRIGUEZ v. CITY OF NEW YORK

12 A.D.3d 282 (2004)

784 N.Y.S.2d 855

LUZ RODRIGUEZ et al., Respondents, v. CITY OF NEW YORK, Defendant, and 401 HOTEL L.P., Doing Business as HOTEL PENNSYLVANIA, Appellant.

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

November 23, 2004.

Although defendant City of New York would generally be liable for accidents caused by sidewalk defects (see Weiskopf v City of New York, 5 A.D.3d 202, 203 [2004]) that occurred prior to September 14, 2003 (Administrative Code of City of NY § 7-210), appellant failed to establish that plaintiff's accident occurred outside the property line of its hotel, which is designated by plaques on the sidewalk. Thus, an issue of fact remains...

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