MARTINEZ v. CONTRERAS

Index No. 302586/15E. Appeal No. 279. Case No. 2022-00976.

216 A.D.3d 532 (2023)

189 N.Y.S.3d 482

2023 NY Slip Op 02742

America Martinez, Respondent, v. Sandra Contreras, Appellant, et al., Defendant.

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

Decided May 18, 2023.


Attorney(s) appearing for the Case

Law Offices of Richard G. Monaco, P.C., Bronx ( Richard G. Monaco of counsel), for appellant.

Mitchell Dranow , Sea Cliff, for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, Higgitt, JJ.


Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about January 12, 2022, which, to the extent appealed from as limited by the briefs, denied defendant Sandra Contreras's motion for summary judgment dismissing the complaint as against her, unanimously affirmed, without costs.

Defendant failed to satisfy her prima facie burden of establishing as a matter of law that plaintiff slipped and fell on the public street, as opposed to the sidewalk abutting...

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