DIOP v. GETTY SQ. REALTY LLC

Index No. 31700/17E. Appeal No. 14535. Case No. 2021-00225.

199 A.D.3d 410 (2021)

153 N.Y.S.3d 846

2021 NY Slip Op 06036

Seni Diop, Respondent, v. Getty Square Realty LLC et al., Respondents, and Hamidi Corp., Doing Business as Yonkers Fried Chicken, Appellant.

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

Decided November 4, 2021.


Attorney(s) appearing for the Case

Devitt Spellman Barrett, LLP, Smithtown ( Christi M. Kunzig of counsel), for appellant.

Greenberg Law PC, New York ( Robert J. Menna of counsel), for Seni Diop, respondent.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( "Elie" Ian Marc Herman of counsel), for Getty Square Realty LLC and ES Acquisition Corp., respondents.

Concur—Gische, J.P., Mazzarelli, Shulman, Pitt, Higgitt, JJ.


Hamidi demonstrated prima facie that it did not place asphalt on the sidewalk to cover a hole in front of its restaurant. Its owner testified that defendant Getty, the landlord, was responsible for structural sidewalk repairs, and that Hamidi never hired anyone to perform such repairs. That testimony was supported by a witness that was on the scene at the time of the accident and who worked for Getty at times. The witness stated that Getty made repairs to the sidewalk, Hamidi...

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