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City of New York Moves for Order to Dismiss Complaint Regarding Slip and Fall on Sidewalk


This particular case is being held in front of the Supreme Court of the State of New York in Kings County. The plaintiff of the case is Maria Gonzalez. The defendant of the case is the City of New York. The defendant has moved for an order to dismiss the complaint made by the plaintiff.

Case Background

The plaintiff is seeking damages for personal injuries that she allegedly sustained when she slipped and fell on the 28th of June, 2001. She states that the cause of her fall was an unsafe, defective, and dangerous condition that existed on the sidewalk located at the intersection of Wilson Avenue and Bedford Avenue in Brooklyn, New York.

During her disposition, the plaintiff stated that her accident occurred in a building that they were making on the sidewalk that was outside. She stated that she did not see any construction companies or any equipment at the site where the accident occurred. She states that she fell on something that was raised on the sidewalk. She also used the words lifted and broken to describe the sidewalk in question. She stated that she did not notice the issue until she returned to the area of her accident later on the same day.

The plaintiff states that she walked in that particular area two or three times a day and still walks in the area. She states that she did not notice the raised area of the sidewalk where she fell at any time before her accident.

In reply to the complaint, the president of Certified Lumber testified that the only business that his company engaged in with was selling lumber and that his company may have sold lumber to Congregation with respect to building a synagogue that was located at Bedford Avenue, Wilson Avenue, and Rose Avenue.

David Shlomovich, the president of the construction company Commerce states that his company was not involved in any type of construction project in the area.

Case Discussion and Decision

In this particular case the plaintiff has failed to offer significant evidence in regard to the area of the sidewalk that caused her to trip and fall. She states that something was being built in the area and that there was a bump or raised area of the sidewalk. However, she had not noticed any type of issue with the area before and she walked this way frequently.

When reviewing the particular facts in this case there is no significant evidence provided to determine liability for the accident that occurred. For this reason, the court is granting the motions and cross motions of the defendants in the case. The action is severed accordingly and the complaint is dropped.

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