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SIMMONS v. CITY OF NEW YORK

146 A.D.2d 624 (1989)

Abraham Simmons, Appellant, v. City of New York et al., Respondents

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

January 17, 1989

Ordered that the order is affirmed, with costs.

While we conclude that the evidence presented by the plaintiff is sufficient to create issues of fact which would permit a jury to infer that the defendants were negligent (see, e.g., Loeffler v Rogers, 136 A.D.2d 824), we do not find the excerpts of the plaintiff's vague examination before trial testimony submitted in support of his motion for summary judgment to be...

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