PRICE v. VILL. OF PHOENIX


222 A.D.2d 1079 (1995)

635 N.Y.S.2d 838

David A. Price, Respondent, v. Village of Phoenix, Appellant

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

December 22, 1995


Order unanimously reversed on the law without costs, cross motion granted and complaint dismissed.

Memorandum:

Supreme Court should have granted the cross motion of defendant for summary judgment dismissing the complaint. On November 26, 1991, plaintiff was injured when he stepped into a pothole in a parking lot owned by defendant. The complaint alleges that defendant was negligent in failing to adequately design, construct, maintain and repair the parking...

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