ROCHFORD v. CITY OF YONKERS


12 A.D.3d 433 (2004)

786 N.Y.S.2d 433

BARBARA A. ROCHFORD, Respondent, v. CITY OF YONKERS, Appellant.

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

November 8, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff was injured when she stepped into a depression or pothole on Halley Street in the City of Yonkers. She subsequently commenced this action against the City, alleging, inter alia, that it was negligent in its ownership and maintenance of the street. The City moved for summary judgment dismissing the complaint on the ground that it did not...

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