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CHUNHYE KANG-KIM v. NY CITY

29 A.D.3d 57 (2006)

810 N.Y.S.2d 147

CHUNHYE KANG-KIM, Also Known as CHUNHYE KANG HIGASA, as Guardian ad Litem of EUN HYE KANG, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendants.

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

February 23, 2006.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Norman Corenthal and Kristin M. Helmers of counsel), for appellant.

Shaw, Licitra, Gulotta, Esernio & Schwartz, P.C., Garden City (Frank J. Livoti and Roberta L. Clark of counsel), for respondent.

BUCKLEY, P.J., SAXE and WILLIAMS, JJ., concur with ANDRIAS, J.; MAZZARELLI, J., concurs in a separate opinion.

OPINION OF THE COURT

ANDRIAS, J.

Because plaintiff failed to make out a prima facie case that the City of New York was negligent for failing to install barriers or a higher curb at the scene of the accident, we reverse and vacate the judgment and dismiss the complaint against the City.

It is undisputed that at about 10:30 P.M. on January 13, 1994, despite signs and traffic lights indicating that all...

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