HEALY v. CITY OF TONAWANDA


234 A.D.2d 982 (1996)

651 N.Y.S.2d 819

Patricia Healy, Respondent, v. City of Tonawanda, Appellant

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

December 30, 1996


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

Memorandum:

Supreme Court should have granted defendant's motion and dismissed the complaint. Plaintiff alleged that she was injured when she stepped in a pothole in a parking lot owned by the City of Tonawanda (City). She alleged that her injuries resulted from the negligence of the City in failing to maintain the parking lot and to repair the pothole, which constituted...

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