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Appellate Division, 2nd Dept. Decisions


MONROE PLACE - The Division of the Appellate Body, second division where estimates of the state courts in Brooklyn, Queens, Staten Island, Long Island, and several countries downstate circles. Here, the Brooklyn Daily Eagle summarized several recent decisions of complaints from violations of personal actions that can be found in the Kings County Supreme Court:

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In an action for injury, the defendant appealed to Justice Martin Solomon’s Cross, for the denial of its motion for a summary judgement to dismiss the complaint.

The Division of the Appellate Body, second division, conversely, granting the motion to dismiss. The complainant against the city, having emerged more on a metal plate on the sidewalk and fell into a hole. “The city can not be held responsible for a defect in the sidewalk, unless, among other things, it has received written notification of one or the absence of a written confirmation of the state and not remedy the situation within 15 days from notification or advice of delivery, “The appellate court wrote, quoting the city code management and jurisprudence.

In this case, although the city has recognized the error, the incident occurred within 15 days of the grace period. The Appellate Body of justice chaired by Mastro, Covello, Eng and Belen, coincide.

Francis F. Caputo and Susan Paulson, Counsel Corporation, the complainant. John J. Nonnenmacher and Adam J. Stein lawyers Yakaitis Bader & Nonnenmacher, LLP, representing the respondents.

Christopher Alvino, laments, v. City of New York, complaining, 2008 NY 02544 Slip op.

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In an action for injury, the defendant appealed to Justice Gerald Held’s denying his motion for a summary judgement to dismiss the complaint.

The Division of the Appellate Body, second division, confirmed.

The complainants in damages for infringement, after a trip in the fall and a defective and dangerous door saddles. “In general, whether a state hazardous or defective, depends on the particular circumstances of each case, and this is a question of fact for the jury, the appellate court wrote, citing case law . “However, a landlord can not be held responsible for defects insignificant, or that are not a case of a scandal about an individual can stumble, stub their toes, or” an excursion. ”

In this case, the defendant admitted that the state was allegedly defective trivial, but he perceived triable issues of fact, on the errors and the injury suffered. The Appellate Body of Justice Spolzino, President, Knight, Dillon, Balkin and Leventhal coincide.

T. Michael Altman, Trolman, Glaser & Lichtman, PC, of the people interviewed. Angel Ayala, etc., et al. Respondents, V. Boris Gutin, complaining. Max W. Gershweir, New York, NY (Jennifer B. Ettenger consultancy), to the applicant. 2008 NY 02545 Slip op.

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