In this action where plaintiff's decedent alleged that he was injured when he tripped and fell over broken cement barriers strewn over the sidewalk and roadway owned by defendant City of New York, Fulton failed to establish that maintenance of the accident location was not within its responsibilities under its lease with the City. Thus, Fulton did not demonstrate an absence of a duty of care owing to plaintiff's decedent (see Abramson v Eden Farm, Inc.,
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WEISS v. CITY OF NEW YORK
8784, 21372/12.
170 A.D.3d 579 (2019)
97 N.Y.S.3d 40
2019 NY Slip Op 02274
Charlene Weiss, as Administrator of the Estate of Mark L. Weiss, Deceased, Respondent, v. City of New York et al., Respondents, and The New Fulton Fish Market Cooperative at Hunts Point, Inc., Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided March 26, 2019.
Decided March 26, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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