ZARZONA v. CITY OF NEW YORK


208 A.D.2d 920 (1994)

617 N.Y.S.2d 534

Lilia C. Zarzona, Respondent, v. City of New York, Respondent, and John Pitera, Appellant

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

October 31, 1994


Ordered that the order is reversed on the law, with costs, appellant's motion for summary judgment is granted, and the complaint and any cross-claims are dismissed insofar as they are asserted against him.

The respondents' opposition to the appellant's motion for summary judgment was based on the mere hope that discovery would uncover evidence that the alleged defect, an elevation in the sidewalk, was caused by actions taken by the abutting landowner, the appellant...

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