Ortiz v City of New York, 14 NY3d 779 (2010)

2010 NY Slip Op 02439 [14 NY3d 779]
March 25, 2010
Court of Appeals

[*1]

In the Matter of Ramona Ortiz, Respondent,
v
City of New York, Appellant, and 240 West 98th Street Associates et al., Respondents.

Decided March 25, 2010

Ortiz v City of New York, 67 AD3d 21, reversed.

{**14 NY3d at 780} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, reversed, with costs, defendant City of New York’s motion for summary judgment granted, the complaint and all cross claims against the City of New York dismissed, and certified question answered in the negative. No triable issue of fact exists as to whether the City created a dangerous condition that caused plaintiff’s injuries.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.