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RIOS v. CITY OF NEW YORK

Index No. 153910/18. Appeal No. 14589. Case No. 2021-02041.

199 A.D.3d 478 (2021)

154 N.Y.S.3d 237

2021 NY Slip Op 06110

Carmen M. Rios, Appellant, v. City of New York, Defendant, and Lower East Side I Assoc. LP et al., Respondents.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Ami Morgenstern, PLLC, Long Island City ( Marc Andrew Williams of counsel), for appellant.

Dorf & Nelson LLP, Rye ( Robert P. Pagano of counsel), for respondents.

Concur—Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.

While the City of New York may be held liable for a dangerous condition of the curb, the Owners may be liable for a dangerous condition of the sidewalk (Administrative Code of City of NY §§ 7-210, 19-101[d]; see Yousef v Kyong Jae Lee, 103 A.D.3d 542, 542-543 [1st Dept 2013]). Here, plaintiff testified at her General Municipal Law § 50-h hearing that the height differential between two portions of the metal curb caused...

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