1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 3 N.Y.3d
  5. 3 N.Y.3d 727 (2004)
 

SCHAAL v. CITY OF UTICA

3 N.Y.3d 727 (2004)

820 N.E.2d 276

786 N.Y.S.2d 798

RANDY J. SCHAAL, as Trustee in Bankruptcy on Behalf of NANCY MONTERO and Another, Appellant, v. CITY OF UTICA et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 21, 2004.

Attorney(s) appearing for the Case

Gustave J. DeTraglia, Jr., Utica, for appellant.

Linda Sullivan Fatata, Corporation Counsel, Utica (Joseph P. Giruzzi of counsel), for City of Utica, respondent.

Costello, Cooney & Fearon, PLLC, Syracuse (Brendan J. Reagan of counsel), for 200 Genesee Street, Inc. and another, respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division correctly determined that plaintiff's speculative assertions failed to raise an issue of fact with respect to defendant City of Utica's alleged creation of a dangerous sidewalk condition. Similarly, plaintiff adduced no evidence in support of the theory that defendant hotel had a duty to maintain the public sidewalk adjoining...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases