MARTINEZ v. CITY OF NEW YORK

Index No. 21498/14. Appeal No. 12905. Case No. 2019-04944.

190 A.D.3d 561 (2021)

136 N.Y.S.3d 702

2021 NY Slip Op 00261

Petrona Martinez, Respondent, v. City of New York, Defendant, and New York City Housing Authority, Appellant.

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

Decided January 19, 2021.


Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York ( Linda M. Brown of counsel), for appellant.

Raphaelson & Levine Law Firm, P.C., New York ( Steven C. November , of counsel), for respondent.

Concur—Gische, J.P., Oing, Moulton, Mendez, JJ.


Contrary to NYCHA's contention, although plaintiff was unable to pinpoint on photographs the exact location of her fall on an uneven sidewalk abutting its premises, she did not merely speculate as to the cause of the accident but testified consistently that she tripped on a sidewalk defect abutting defendant's premises, identified the general location where she fell and clarified any possible misidentification of the defect which caused her fall (see Figueroa v City of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases