ANOUN v. CITY OF NEW YORK

114837/08, 5499N.

85 A.D.3d 694 (2011)

926 N.Y.S.2d 98

2011 NY Slip Op 5638

HEITHEM ANOUN, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided June 30, 2011.


Plaintiff alleges that on July 1, 2008, he tripped and fell over a depressed metal grating located in the ground at Chelsea Waterside Park. Plaintiff served a timely notice of claim upon defendant and, on November 5, 2008, commenced this action. In January 2009, defendant answered and admitted ownership and control over the area where the accident occurred.

Defendant subsequently moved for, inter alia, summary judgment, arguing that it did not own the subject park...

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