EPTHIMIATOS v. CITY OF NEW YORK


13 A.D.3d 576 (2004)

786 N.Y.S.2d 333

ANTHOULA EPTHIMIATOS, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

December 27, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for injuries she allegedly sustained when she fell on a sidewalk owned by the defendant City of New York. However, in support of its motion, inter alia, for summary judgment dismissing the complaint insofar as asserted against it, the City demonstrated a prima face case that the plaintiff slipped and fell due to the presence of sand on the...

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