JONES v. CITY OF NEW YORK


289 A.D.2d 452 (2001)

735 N.Y.S.2d 573

LILLIAN JONES, Respondent, v. CITY OF NEW YORK et al., Respondents, NEIL DEVITA et al., Appellants, et al., Defendant.

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

Decided December 24, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the plaintiff-respondent, the motion is granted, and the complaint and all cross claims are dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The plaintiff slipped and fell on a sidewalk in front of premises owned by the defendant Neil DeVita. Her theory of liability, as set forth in her verified complaint,...

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