FIGUEROA v. CITY OF NEW YORK


5 A.D.3d 432 (2004)

773 N.Y.S.2d 66

JULIA E. FIGUEROA et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

March 8, 2004.


Ordered that the judgment is reversed, on the law, with costs, that branch of the motion which was for judgment in favor of the appellant as a matter of law is granted, and the complaint is dismissed.

The plaintiff Julia E. Figueroa was injured on January 21, 1994, when she slipped and fell on a patch of ice on Macon Street in Brooklyn. The plaintiffs contend that the defendant created the ice on January 18, 1994, when the New York City Department of Sanitation allegedly...

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