June 2, 2016

A fall at the public library.

Practice point:  The Appellate Division affirmed the granting of the City's motion to dismiss the complaint in this action where plaintiff alleges that he was injured when he tripped and fell at a branch of the New York Public Library. The City is not responsible for injuries resulting from allegedly negligent maintenance of a library building.

Student note:  In light of the dismissal of the complaint as against the City, plaintiff's discovery motion became moot.

Case:  Yon v. City of New York, NY Slip Op 04001 (1st Dep't May 24, 2016)

Here is the decision.

Tomorrow's issue:  A summary judgment motion denied as untimely.