SIMO v. CITY OF NEW YORK

Index No. 21604/19. Appeal No. 15938. Case No. 2021-03922.

205 A.D.3d 508 (2022)

165 N.Y.S.3d 853

2022 NY Slip Op 03185

Enrique Simo, Respondent, v. City of New York et al., Appellants.

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

Decided May 12, 2022.


Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Diana Lawless of counsel), for appellants.

Burns & Harris, New York ( Daniel Wright of counsel), for respondent.

Concur—Gische, J.P., Scarpulla, Mendez, Shulman, Higgitt, JJ.


Defendants failed to establish their prima facie entitlement to summary judgment in this action where plaintiff slipped and fell on a set of concrete steps in a New York City park. The record presents issues of fact as to whether the allegedly hazardous condition was open and obvious and not inherently dangerous (see Schwartz v Kings Third Ave. Pharmacy, Inc., 116 A.D.3d 474, 475 [1st...

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