KOVITS v. SAVINGS BANK OF UTICA


11 A.D.3d 987 (2004)

783 N.Y.S.2d 176

RUTH M. KOVITS, Appellant, v. SAVINGS BANK OF UTICA, Defendant, and NIAGARA MOHAWK POWER CORPORATION, Respondent. (Appeal No. 1.)

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

October 1, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied and the amended complaint against defendant Niagara Mohawk Power Corporation is reinstated.

Memorandum:

Plaintiff was injured in a slip and fall accident on a cracked sidewalk around a damaged utility access manhole cover at the southwest corner of Blandina and Union Streets in the City of Utica. Defendant Niagara...

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