N.Y.C. Denied Dismissal of Accident Case by Driver Whose Car Struck Broken Fire Hydrant

Case: Burwell v. City of New York

Court: Supreme Court, Appellate Division, Second Department, New York

Date: 7/11/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident lawyer)

**************************************************

RELATED POSTS:

MARBLE CHIP IN STEP "NOSING" IS "TRIVIAL DEFECT" AND DEFEATS STAIRWAY TRIP-AND-FALL CASE; SUMMARY JUDGMENT GRANTED TO DEFENSE

NO SUMMARY JUDGMENT TO PROPERTY OWNER IN BROKEN SIDEWALK ACCIDENT, EVEN THOUGH SIDEWALK NEXT TO FIRE HYDRANT

**************************************************

Facts: This car driver claims she was hurt in a 2003 accident as she was driving over a sidewalk to enter a business parking lot. Allegedly, her vehicle struck the protruding bottom of a no-longer-there fire hydrant.

For her injuries, she sued the owners of the parking lot, the Subway sandwich store that she was going to, and the City of New York.

All defendants applied to the Court for summary judgment dismissing the complaint, and the lower Court denied them all. They appealed.

Held: Parking lot owners and Subway showed that they weren't responsible for the condition of the sidewalk curb or condition of the fire hydrant. They are granted summary judgment letting them out of this lawsuit.

The City of New York failed to show that it lacked prior notice of the defective fire hydrant, its summary judgment motion is denied, and it's kept in the case.

Categories