RODRIGUEZ v. CITY OF NEW YORK


70 A.D.3d 450 (2010)

895 N.Y.S.2d 358

HENRY RODRIGUEZ, Respondent, v. CITY OF NEW YORK, Appellant et al., Defendant.

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

Decided February 9, 2010.


The City established prima facie that it did not own the real property abutting the sidewalk on which plaintiff fell and that the property was a vacant lot, and that therefore, pursuant to Administrative Code of City of NY § 7-210 (c), it was not liable for plaintiff's injuries. In opposition, plaintiff failed to raise any issues of fact.

Plaintiff's reliance on Administrative Code § 7-212 is unavailing. Section 7-212, which authorizes the comptroller to...

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