BROWN v. CITY OF NEW YORK


265 A.D.2d 284 (1999)

696 N.Y.S.2d 69

RICHARD BROWN, Appellant, v. CITY OF NEW YORK, Defendant, and FOUR SONS REALTY CO. et al., Respondents.

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

Decided October 4, 1999.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The respondents established their entitlement to judgment as a matter of law. The plaintiff's unsupported claim that he slipped on ice under freshly-fallen snow is insufficient to establish a prima facie case of negligence in the absence of any proof of the existence of the allegedly icy condition or proof...

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