VISCUSI v. CITY OF GLOVERSVILLE


272 A.D.2d 745 (2000)

707 N.Y.S.2d 547

EDWARD VISCUSI, Appellant, v. CITY OF GLOVERSVILLE et al., Respondents.

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

Decided May 18, 2000.


Mugglin, J.

On August 23, 1996, plaintiff claims he was injured when he tripped on an uneven sidewalk abutting the property owned by defendant Ethel Fitzgerald in the City of Gloversville, Fulton County. Plaintiff commenced this action against Fitzgerald and defendant City of Gloversville alleging negligent maintenance of the sidewalk. Following joinder of issue and discovery, Fitzgerald moved for summary judgment arguing that as the abutting owner, she had no duty...

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