GIRALDO v. BROOKFIELD FIN. PROPS., L.P.

10865, 159689/14.

179 A.D.3d 572 (2020)

118 N.Y.S.3d 557

2020 NY Slip Op 00509

Navezda Giraldo, Appellant, v. Brookfield Financial Properties, L.P., et al., Respondents, et al., Defendant.

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

Decided January 23, 2020.


The motion court properly determined that the sidewalk was not a defective condition and granted defendants summary judgment dismissing the complaint. The regulations cited by plaintiff's expert, Administrative Code of City of NY § 19-152(a) and the New York City Department of Transportation's (DOT) Highway Rules § 2-09(f)(4) and (5) (34 RCNY 2-09[f][4], [5]), by their plain terms, govern concrete sidewalk flags, and are inapplicable to the cobblestone area of the...

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