GRAY v. FANE


211 A.D.2d 914 (1995)

621 N.Y.S.2d 192

Michael H. Gray et al., Respondents, v. Jason Fane, Respondent, and City of Ithaca, Appellant, et al., Defendants

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

January 5, 1995


Casey, J.

This action arose out of a slip and fall accident which occurred as a result of an accumulation of ice and snow along a sidewalk which adjoins the property of the individual defendants. Defendant City of Ithaca supported its motion for summary judgment by submitting undisputed evidence of no compliance with the prior written notice requirement of a local law. The burden, therefore, shifted to plaintiffs to demonstrate by evidence in admissible...

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