GREEN v. HIMON

7521. 161441/14.

165 A.D.3d 590 (2018)

87 N.Y.S.3d 22

2018 NY Slip Op 07248

Sian Green, Appellant, v. Faysal Kabir Mohammad Himon et al., Defendants, and 1251 American Associates II LP, Sued Herein as Mitsui Fudosan America, Inc., and Others, Respondent.

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

Decided October 30, 2018.


Plaintiff sustained severe injuries when, while standing on the sidewalk adjacent to a building owned by defendant 1251 America, a taxicab hopped the curb and struck her. Moments before the accident, defendant taxicab driver had an altercation with defendant bike messenger. The taxicab driver then allegedly steered his vehicle into the bike messenger, striking plaintiff in the process.

1251 America's motion was properly granted because it had no duty to install barriers...

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