GUTIERREZ v. CITY OF NEW YORK

Index No. 30444/18E. Appeal No. 17560. Case No. 2022-01426.

214 A.D.3d 534 (2023)

185 N.Y.S.3d 142

2023 NY Slip Op 01477

Ana Gutierrez, Appellant, v. City of New York et al., Respondents, et al., Defendants.

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

Decided March 21, 2023.


Attorney(s) appearing for the Case

Law Office of Michael H. Joseph, P.L.L.C., White Plains ( John V. Tait of counsel), for appellants.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jamison Davies of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Shulman, JJ.


Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered on March 7, 2022, which granted defendant City of New York's motion for summary judgment dismissing the complaint and denied plaintiffs' cross motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

In 2017, the infant plaintiff allegedly was injured when she tripped and fell over a gap created at the edge of a tree well.

The City established its entitlement...

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