DAVIS v. CITY OF NEW YORK


281 A.D.2d 251 (2001)

722 N.Y.S.2d 28

BARBARA DAVIS et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and M & T PRETZEL, INC., et al., Appellants.

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

Decided March 15, 2001.


In this action, plaintiff Barbara Davis alleges that she was injured when she tripped over a piece of metal signpost located in a grassy area abutting a paved footpath in Central Park. According to plaintiff, she left the footpath because appellants, who are vendors, had positioned a pushcart in the footpath. Supreme Court denied appellants' motion for summary judgment, finding that there was a question of fact as to whether the appellants created an unreasonably dangerous...

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