FISHMAN v. City of New York et al., Defendants-Respondents. (2025)

Supreme Court, Appellate Division, First Department, New York.

Ariel FISHMAN et al., Plaintiffs-Appellants, v. BUNTY AND JYOTI, INC. et al., Defendants, City of New York et al., Defendants-Respondents.

5235

Decided: November 25, 2025

Webber, J.P., Kennedy, González, Higgitt, Michael, JJ.

Weitz and Luxenberg, P.C., New York (Alani Golanski of counsel) for appellants. Muriel Goode–Trufant, Corporation Counsel, New York (Jeremy W. Shweder of counsel) for respondents.

Order, Supreme Court, New York County (J. Machelle Sweeting, J.), entered September 9, 2024, which granted the motion of defendants City of New York, N.Y.C. Department of Transportation, and Board of Education of the City of New York (collectively, the City) for summary judgment dismissing the complaint against them, unanimously affirmed, without costs.

The court properly concluded that the City met its prima facie burden of demonstrating that the street where the accident occurred was reasonably safe and that no prior complaints about the allegedly hazardous condition, namely, motorists double-parking nearby the school (see Cerio v. Carrington, 161 A.D.3d 541, 541, 77 N.Y.S.3d 42 [1st Dept. 2018]). Given the absence of any history of complaints about the alleged hazard at the subject location, plaintiffs' expert's conclusory opinions lacked probative value and were insufficient to raise an issue of fact.

We have considered plaintiffs' remaining arguments and find them unavailing.

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