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RIVERA v. CITY OF NEW YORK

57 A.D.3d 281 (2008)

870 N.Y.S.2d 241

EMILY RIVERA, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY HOUSING AUTHORITY, Appellant and Third-Party Plaintiff-Appellant. GAZEBO CONTRACTING, INC., Third-Party Defendant-Respondent.

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

December 11, 2008.

The speed bump is located on a pedestrian walkway leading from the front door of the building where plaintiff's sister lives. Although it was nighttime when plaintiff exited the building, the lights in the building's hallway were on, as were nearby street lights. Defendant established its prima facie entitlement to summary judgment by showing that the speed bump was plainly observable and did not pose any danger to someone making...

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