Strazza v. City of New York

Summary

The Appellate Division, Second Department, dismissed Shefa Land Corp.'s appeal from the portion of an order granting the City of New York summary judgment because Shefa was not aggrieved by that portion. The court affirmed the order insofar as reviewed, holding that Shefa failed to establish it did not cause a curb defect through a special use, while the City established a lack of prior written notice and no applicable exception.

Holdings

1. Shefa was not entitled to summary judgment because, although it established that liability did not shift to it under Administrative Code § 7-210(b) for an owner-occupied two-family residence and a defect located on the curb, it failed to establish prima facie that it did not cause the defect through its special use of the area as a driveway.
2. The appeal from the portion of the order dismissing Strazza's complaint against the City was dismissed because Shefa was not aggrieved by that portion of the order.
3. The City was entitled to summary judgment dismissing Shefa's cross-claims because it established that it lacked prior written notice of the defective condition and the opposing parties failed to raise a triable issue of fact showing either recognized exception: affirmative creation of the defect through negligent municipal work or a special use resulting in a special benefit.

Questions Presented

1. Whether Shefa Land Corp. was entitled to summary judgment because the property was an owner-occupied two-family residence and the defect was located on the curb rather than the sidewalk.
2. Whether Shefa established prima facie that it did not cause the curb defect through a special use of the area as a driveway.
3. Whether Shefa could challenge the dismissal of Strazza's claims against the City when Shefa was not aggrieved by that portion of the order.
4. Whether the City was entitled to summary judgment on Shefa's cross-claims based on the absence of prior written notice and the failure to establish an exception to the prior-written-notice requirement.

Disposition

other