APPIO v. CITY OF ALBANY


144 A.D.2d 869 (1988)

Judith Appio et al., Respondents, v. City of Albany, Defendant, and William H. Decker et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 23, 1988


Casey, J.

Defendants William H. Decker and Decker's Plumbing and Heating, Inc. (hereinafter defendants), the owner and lessee of property on Washington Avenue in defendant City of Albany, contend that Supreme Court erred in denying their motion for summary judgment dismissing the complaint against them which seeks to recover damages as a result of a fall by plaintiff Judith Appio on the public sidewalk in front of defendants' property. We agree.

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