ORTIZ v. CITY OF NEW YORK


271 A.D.2d 419 (2000)

707 N.Y.S.2d 837

CARMEN P. ORTIZ, Respondent, v. CITY OF NEW YORK et al., Defendants, and S. M. CHILDREN'S CENTER, INC., et al., Appellants.

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

Decided April 3, 2000.


Ordered that the order is reversed insofar as appealed from, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The Supreme Court improperly denied the appellants' cross motion for summary judgment dismissing the complaint insofar as asserted against them. The record contains no evidence that, upon removing ice and snow from the sidewalk in front...

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